QUOTE(C-Note @ Dec 19 2011, 12:49 AM)
Hi,
Let's say A is one of the directors of a management office of a condominium. There are 2 employees under A who are in the accounts department(they are in charge of the maintenance fees monthly)
One day, RM200k went missing, so did the 2 employees and the accounts book. A police report has been lodged.
The community plans to sue the director in charge. Sure, the other directors have some responsibilities too but A holds the most responsibility. A is clean of any guilty deeds.
Can A be sued? Under what charges? Any jail sentence?
Community wants to sue the director in charge?
In a civil suit, the legal right of a party to sue or be sued must first be ascertained. This is called
locus standi .
Let's start with the party who sues - who represents the community? Is it each and every individual owner in the list? Is it the Joint-Management Body [JMB]?
Who is sued? - Who's responsible for the money? What do you mean by management office? Is it the office of the JMB? Or is it still a Management Corporation (MC) if not JMB? Is it a Managing Agent who has been appointed by the JMB to run the show with regard to management of the condo?
If there is an external third party involved like the Managing Agent - then it could be a case between the JMB vs Managing Agent (most likely a Sdn Bhd - as you mentioned that there is a director is involved).
The Sdn Bhd is a legal entity by itself. As such, the directors would not be personally liable out of his own pocket to pay any compensation ordered by the Court in the event the Sdn Bhd loses the case. If the Sdn Bhd is sued and loses the case, it has to pay out of whatever monies and assets it owns under its own name. The directors (all of them - doesn't matter who holds more responsibility) cannot be made liable personally.
That is with regard to civil liability.
With regard to criminal liability, it does seem like a case of Criminal Breach of Trust (CBT). In such cases, the perpetrator would be an individual. Of course the 2 staff would be called up for questioning. If A is involved in the day-to-day running of the Sdn Bhd's affairs in the condo, he would be called up too.
Under Section 406 of the Penal Code - General CBT, the sentence is minimum 1 year and maximum 10 years jail AND whipping AND fine.
Under Section 408 of the Penal Code - CBT by servant or agent - in relation to the 2 staff - same sentence.
To answer your question - in particular if A can be sued personally in a civil case to pay up the 200k- the answer is No.
This post has been edited by dariofoo: Dec 19 2011, 03:10 AM