2008 Sep CC News1
2008 Sep CC News1
2008 Sep CC News1
CORPORATE LAW
IN THIS ARTICLE, AARON GERARD SANKAR AND YONG SHEUE LIH DISCUSS THE IMPORTANCE
AND BENEFITS OF CSR IN A GLOBALISED ECONOMY.
CSR programmes and initiatives have clearly been on the rise and these seem to accord with
increasing public expectation of such activities being undertaken by companies. This article attempts
to outline the potential benefits and to underscore the importance of CSR in the globalised economy.
What is CSR?
There are many different perceptions of what CSR encompasses and likewise, there have been many
attempts to define this concept. The definitions attributed to CSR generally describe it as a concept
where corporations voluntarily integrate social and environmental concerns in carrying out their
business.
Locally, from the perspective of Bursa Malaysia Securities Berhad (“Bursa”), CSR is viewed as
“…open and transparent business practices that are based on ethical values and respect for the
community, employees, the environment, shareholders and other stakeholders… designed to deliver
sustainable value to the society at large.”
Thus, under the concept of CSR, it is anticipated that a corporation incorporates socially responsible
behaviour in the conduct of their business operations, which goes beyond mere compliance with or
fulfilment of applicable legal and regulatory requirements. This is done by placing a degree of
emphasis on practices that take into account the interests of its “stakeholders”1. By implementing CSR
practices, the corporation would balance the larger and general interest of its other stakeholders with
the financial interest of its shareholders.
Beyond economic benefits, there are also strong moral arguments for corporations to adopt CSR
policies. The views that have been advanced in this regard seem to centre around the theme that
businesses should “give back” to society. This flows from the fact that corporations have greater
financial and human resources as compared to individuals, non-profit organisations and even
governmental bodies in some cases. Adopting CSR practices, it is said, is also in the interest of the
business, which depends on some aspects of a society’s infrastructure3 for its existence. In this
context, one may also argue that boards of directors of companies would also be acting in the best
interest4 of the company when social and environmental considerations are embodied into its
decision making process.
In the Malaysian context, a key point to note is that there have been clear indications by regulators
that the development of CSR is encouraged. It is to be further noted that the Securities Commission
(“SC”) views CSR as a natural progression of its ongoing work in relation to the development of a
strong framework for good corporate governance. The SC is also keen to see more Malaysian
companies incorporate CSR into their corporate governance agenda, not only to develop better
corporate citizens, but also to enhance the recognition and profile of domestic companies in the eyes
of international and domestic institutional investors5.
Additionally, the CSR Framework launched by Bursa in 2006 serves as a guideline to public listed
companies in the implementation and practice of CSR. The CSR Framework sets out four focal areas
for corporations intending to implement CSR programmes, namely:-
(i) the workplace, through the promotion of human capital development, labour and
human rights and employee health and safety;
(ii) the marketplace, through the promotion of green products, social branding, vendor
development and corporate governance;
(iii) the environment, through the sourcing of renewable energy; and
(iv) the community, through the sponsorship of charitable organisations.
Notwithstanding that the practice of CSR is in itself voluntary, Bursa requires listed companies to
make a statement in their annual reports on the CSR activities undertaken by them during their
financial year and where no such activities have been undertaken, for a negative statement to be
inserted6. Whilst such a requirement may somewhat facilitate and encourage more informed
The Government also appears to be encouraging CSR practices, as can be seen from the launching of
the Silver Book7, which provides a framework for government-linked companies to contribute
responsibly to society.
Conclusion
The SC and Bursa’s proactive role in encouraging the implementation of CSR is welcomed. Whilst
much effort will be required in a corporation’s integration of social perspectives with their business
conduct so that CSR is part of the corporation’s culture, the shifting trends seem to suggest that it
may be in the best interest of a corporation to adopt CSR practices.
1
The stakeholder concept, in broad terms, characterizes a stakeholder as any individual or group that are affected by the
organizations policies or actions. These include shareholders, employees, customers, suppliers and community within which
the corporation operates.
2
These examples have been advocated by the European Commission in its Green Paper on Promoting a European Framework
for Corporate Social Responsibility.
3
Its consumer base, for instance.
4
The recently amended Section 132(1) of the Companies Act 1965 provides, inter alia, that a director of a company shall at all
times exercise his powers in the best interest of the company.
5
http://www.sc.com.my/eng/html/cg/csr.html
6
This is set out in Appendix 9C (Part A) of Bursa’s Listing Requirements.
7
The Silver Book is one of the initiatives identified by the Putrajaya Committee on GLC High Performance in the GLC
Transformation manual launched in 2005.