Infrastructure, Energy and Utilities

Our Infrastructure, Energy and Utilities practice has long been the forte of ZICO Law.  The success of this practice is our ability to dedicate a team of lawyers to work with the project promoter from inception to the implementation of the project. Our core team is strategically placed across the region and are consistently recognized for their ability to work on the largest of infrastructure projects.

Our involvement from the very start provides a backdrop to structuring and negotiating a set of project agreements that meets the investment objectives of the project promoter and the requirements of project financing so that the project achieves its final close.

Latest insights

Following last week’s overview of Malaysia’s CCUS Act 2025, our second article in the CCUS Series turns the spotlight on the CCUS (Offshore Permit and Licensing) Regulations 2025, which governs the permanent storage of CO2 in offshore areas.

Leveraging their in-depth understanding of Malaysia’s CCUS legal framework, Khoo Yu Lin and Cheng Yen of Zaid Ibrahim & Co. guide readers through and provide unique insights on:

  • the lifecycle of offshore storage projects;
  • key obligations of offshore operators; and
  • import permit requirements for CO₂ captured outside Malaysia.
Publication
Infrastructure, Energy and Utilities

Overview of the Regulations on the Offshore Storage of Carbon Dioxide

With the Carbon Capture, Utilization and Storage Act 2025 and its accompanying Offshore Regulations coming into force, Malaysia takes a decisive step in its energy transition journey. As the country moves toward its net-zero emissions target by 2050, understanding the legal landscape surrounding CCUS is essential for stakeholders entering this emerging sector.

In this first article of the CCUS series, Khoo Yu Lin, Partner, Zaid Ibrahim & Co and Cheng Yen, Associate, Zaid Ibrahim & Co, highlight the Act’s key features, from its geographical scope and regulatory framework to the differing levels of oversight between carbon capture, transportation, utilization, and permanent storage.

Publication
Infrastructure, Energy and Utilities

Overview of the CCUS Act 2025 Regime

As the global imperative for decarbonisation accelerates, carbon credits have become a strategic instrument for companies seeking to achieve their net-zero targets, manage residual emissions, or demonstrate voluntary climate leadership. In Malaysia, where the carbon market is evolving alongside global standards, purchasers of carbon credits—whether corporates, financial institutions, or intermediaries—must approach transactions with legal precision and strategic foresight.

This article examines the key legal considerations for prospective buyers of carbon credits, offering guidance on risk mitigation, contractual protections, due diligence, and alignment with ESG frameworks.

Understanding the Carbon Credit Ecosystem

Purchasers must first understand the fundamental attributes of the credits they intend to acquire. Carbon credits are generated through verified emission reduction or removal projects and certified by recognised standards such as Verra’s Verified Carbon Standard (VCS), the Gold Standard, or, the Climate Action Reserve (CAR) etc.

The type of project—whether it be forestry, renewable energy, or carbon capture—along with the credit’s vintage, additionality, permanence, and co-benefits, all influence its value. It is critical for buyers to assess whether these characteristics align with their environmental objectives, voluntary disclosures, or compliance requirements under frameworks such as the ISSB, SBTi, or the EU Carbon Border Adjustment Mechanism (CBAM).

Avenues for Purchasing Carbon Credits

In Malaysia, carbon credits can be procured through various channels, each offering distinct legal and commercial implications:

Understanding the method of procurement is critical for structuring the transaction, managing title transfer risk, and aligning with broader corporate ESG objectives.

Contracting Through ERPAs and Spot Market Agreements

Carbon credit transactions are commonly structured through Emission Reduction Purchase Agreements (ERPAs), which form the contractual backbone of credit procurement. Whether executed as spot purchases or forward contracts, ERPAs must be carefully negotiated to address key terms such as volume, price, delivery conditions, verification procedures, and risk allocation.

Buyers should ensure that ERPAs include robust representations and warranties on the authenticity, title, and non-encumbrance of credits, as well as remedies in the event of underperformance or credit invalidation. For pre-purchase or milestone-based agreements, clauses on credit replacement, delivery guarantees, and force majeure must be aligned with the crediting standard’s requirements and local legal enforceability.

Legal Due Diligence: Verifying Project and Registry Integrity

Although third-party verifiers play a critical role in certifying the environmental validity of carbon credits, comprehensive legal due diligence is essential to ensure that the credits being purchased are legitimate and aligned with the buyer’s objectives. This includes reviewing project documentation, land tenure rights, host country authorisations and/or stakeholder engagement records. See our article Carbon Credit Series - Key Legal Lessons from the Sabah Nature Conservation Agreement for case study on issues that arose from the Sabah Nature Conservation Agreement.

Equally important is the review of registry transactions. Purchasers must verify that the credits have not been previously retired, cancelled, or transferred and ensure that the registry account details are accurate. Legal due diligence safeguards the traceability and legal soundness of the credits being acquired, mitigating potential risks to the buyer.

ESG Reporting and Climate Claims Management

Purchasers intending to use carbon credits to support ESG disclosures or climate-related claims must ensure that such representations are legally defensible and aligned with prevailing standards. Misleading or unsubstantiated claims can expose companies to allegations of greenwashing, regulatory penalties, or investor backlash.

In Malaysia, this includes adherence to Bursa Malaysia’s Sustainability Reporting Guide and the National Sustainability Reporting Framework disclosure mandates. Legal oversight is also critical in structuring representations and disclaimers in public-facing documents to mitigate greenwashing risks and substantiate ESG claims.

Cross-Border and Tax Considerations

For Malaysian entities purchasing international credits, or foreign buyers acquiring Malaysian-origin credits, cross-border legal issues must be carefully navigated. These include jurisdictional enforcement, currency risks, and dispute resolution mechanisms.

Additionally, the tax treatment of carbon credits—whether treated as inventory, intangible assets, or financial instruments—can influence the structuring and reporting of such transactions. Buyers should obtain legal and tax advice to ensure compliance and optimise commercial outcomes.

Conclusion

Carbon credit transactions represent more than a commercial exchange—they are instruments of corporate climate strategy, reputational accountability, and stakeholder engagement. As such, legal oversight is essential to ensure that credit purchases are contractually sound, ESG-compliant, and aligned with global best practices.

Article
Infrastructure, Energy and Utilities

Carbon Credit Series – Key Legal Considerations for Purchasers

The landscape for carbon credits in Malaysia is rapidly evolving as Malaysia advances its commitment to a decarbonised economy [1]. Carbon credits represent a sophisticated intersection of environmental stewardship and economic opportunity, enabling businesses to meet climate objectives while capitalising on sustainability initiatives. For prospective producers –encompassing landowners, project developers, and corporations investing in climate-positive ventures – the pathway from a climate-positive venture to a marketable carbon credit is one of significant potential, yet it is laden with complexity.

This article delineates the critical considerations that producers must address to successfully develop, register, and transact carbon credits. It serves as a strategic guide to ensuring project integrity, regulatory compliance, and commercial viability within Malaysia's dynamic carbon market.

1. Defining Carbon Credit

At its foundation, a voluntary carbon credit is a measurable and verifiable representation of climate action. It is generated when a project reduces or removes greenhouse gas emissions, with one credit corresponding to one metric tonne of carbon dioxide (CO2) or its equivalent.[2] It functions as a "credit" in that it can be used to offset the emission of an equivalent amount of CO2, thereby creating a tangible asset from a positive environmental outcome.[3]

While this serves as a universally accepted functional definition, the formal legal framework in Malaysia is still evolving. Currently, there is no single, overarching legal definition for a "carbon credit" under federal law. However, proactive legislative measures, particularly in Sabah and Sarawak, have established specific legal definitions and provide important clarity for projects in those states:

  • In Sarawak, the Environment (Reduction of Greenhouse Gases Emission) Ordinance, 2023 of Sarawak, which complements the Forests (Forest Carbon Activity) Rules 2022, define a “carbon credit unit” as a unit of account representing one tonne of emission reductions.[4]These units are issued by a carbon standard according to its rules and are held in a carbon registry.[5] The rules are linked to a "forest carbon activity," which is any activity leading to verified emission reductions under a carbon standard.
  • In Sabah, amendments to the Forest Enactment 1968 define a "carbon credit" as a tradable instrument for both domestic and international markets.[6] It is issued by a government or an independent certification body as a permit, licence, or certificate that results from a forest carbon activity.[7] The law also defines a "carbon credit unit" as representing one tonne of emission reductions.[8]

This distinction between a functional, market-accepted definition and the emerging, specific legal definitions within state jurisdictions is a critical consideration for any prospective producer in Malaysia.

2. The Malaysian Carbon Market Ecosystem

Malaysia's carbon ecosystem is uniquely characterised by its dual engagement with both international and domestic frameworks. This structure provides producers with distinct strategic choices:

The primary actors navigating this ecosystem include:

3. The Carbon Credit Lifecycle: From Concept to Asset

The generation of credible carbon credits follows a structured and meticulous project cycle, rigorously defined by leading international standards. While terminologies may differ slightly between standards, the fundamental stages are consistent and form a coherent progression from idea to issuance [9]:

4. Core Principles of Carbon Credit Integrity

The credibility and market value of carbon credits are anchored in several universally accepted principles [10]:

5. Avenues for Commercialization

Once issued, carbon credits can be monetized through various channels including the Bursa Carbon Exchange and others:

6. Key Legal Considerations for Producers of Carbon Credits in Malaysia

Aproactive and sophisticated legal strategy is indispensable for navigating the complexities of carbon credit development and commercialization. Experienced legal counsel provides pivotal value by transforming potential legal hurdles into managed risks and strategic opportunities.

A foundational legal imperative is the unambiguous definition and securement of carbon rights. In Malaysia, land ownership per se does not automatically confer rights to the carbon sequestered or emission reductions generated on that land. Legal professionals are crucial for conducting exhaustive due diligence on land tenure, including pre-existing encumbrances or overlapping claims. This is particularly intricate in Sabah and Sarawak, where unique state land laws and Native Customary Rights (NCR) necessitate specialized local legal acumen. Parties typically enter into bespoke "carbon rights agreements" or integrate precise specific clauses into broader land use or concession agreements. These instruments are essential not only for establishing clear ownership and control over the carbon asset but also for structuring equitable benefit-sharing mechanisms with landowners and indigenous communities, thereby fortifying the project's social license and the legal defensibility of its core claims. See our article Carbon Credit Series - Key Legal Lessons from the Sabah Nature Conservation Agreement for case study on issues that arose from the Sabah Nature Conservation Agreement.

Successfully navigating state-level approvals and dynamic jurisdictional frameworks is another domain demanding expert legal guidance, especially considering the proactive legislative measures in states like Sabah and Sarawak. Legal counsel provides ongoing interpretation of these specific state enactments, such as Sabah's Forest (Carbon Activity) Rules and Sarawak's Forests (Forest Carbon Activity) Rules 2022, alongside its Environment (Reduction Of Greenhouse Gases Emission) Ordinance, 2023. Additionally, the Sabah State Legislative Assembly recently passed the Forest Enactment (Amendment) Bill 2025 which introduces a regulatory regime over carbon credits activities in the state. This involves advising on the precise scope of mandatory licensing, assisting in the preparation of comprehensive applications to state authorities, and ensuring project plans meticulously comply with conditions relating to state revenue sharing or local benefit reinvestment. Such proactive legal engagement allows clients to anticipate regulatory shifts and maintain steadfast compliance.

The strategic structuring of the project entity itself profoundly influences long-term liability, taxation, governance, and access to finance. Legal advisors assist in selecting the optimal legal vehicle—be it a Special Purpose Vehicle (SPV) to isolate project-specific risks (including long-term liabilities like permanence failures), or a Joint Venture (JV) requiring meticulously crafted shareholders' agreements. These agreements must clearly delineate capital contributions, profit and carbon credit revenue distribution, robust governance protocols for project oversight, and incisive dispute resolution and exit strategies, all tailored to the unique nuances of carbon asset management and optimized under Malaysian tax law, inclusive of any applicable green incentives.

The commercial actualization of a carbon project often pivots on expertly drafted and negotiated Emission Reduction Purchase Agreements (ERPAs).These are not standard commodity contracts but highly specialized, bespoke agreements. Legal professionals are indispensable in structuring terms that strategically allocate a wide array of complex risks, including price volatility, credit delivery shortfalls, adverse changes in law or carbon accounting methodologies, and liability for potential credit reversal events. This involves tailoring clauses on credit specifications, conditions precedent to payment, robust representations and warranties concerning credit integrity and exclusivity, and effective default and remedy provisions, thereby securing the producer’s revenue streams and adeptly managing counterparty vulnerabilities.

In an era of intensifying scrutiny regarding environmental claims, maintaining ESG disclosure integrity and rigorously preventing the double counting of emission reductions is critical for corporate reputation and market credibility. Legal counsel advises on harmonizing a project's carbon credit transactions with broader corporate sustainability reporting obligations, such as those mandated by Bursa Malaysia or aligned with international frameworks like the TCFD and ISSB. This includes ensuring that contractual terms within ERPAs unequivocally delineate usage rights and effectively preclude the producer from inadvertently or otherwise making misleading environmental claims about emission reductions that have already been sold, thus mitigating greenwashing risks and potential legal challenges.

Furthermore, given that carbon projects typically demand substantial upfront capital, optimising project financing and establishing robust security interests are key concerns. Legal advisors play a pivotal role in enhancing a project's "bankability" by ensuring that all foundational legal elements—including unequivocally established carbon rights, requisite permits, and bankable offtake agreements like ERPAs—are sound and meticulously documented. They guide clients through the complexities of negotiating term sheets and loan documentation with financiers and undertake the often intricate legal work of creating and perfecting security interests over project assets. This may involve addressing novel legal questions concerning the use of future carbon credit streams as collateral, within the evolving parameters of Malaysian law.

Finally, while meticulous contracting aims to pre-empt disagreements, the long operational lifecycle of carbon projects necessitates strategic and effective dispute resolution mechanisms. Legal counsel advises on, and drafts, tailored dispute resolution clauses in all critical project agreements. This typically involves considering multi-tiered approaches (e.g., good-faith negotiation, structured mediation) and, where necessary, binding arbitration, often specifying appropriate institutional rules and a suitable legal seat, such as the Asian International Arbitration Centre (AIAC) in Malaysia, to ensure that any emergent conflicts can be resolved efficiently and with commercial pragmatism.

Conclusion

The endeavor of becoming a successful carbon credit producer in Malaysia offers profound environmental and economic dividends. However, this path is intricately woven with multifaceted legal and regulatory considerations. Engaging experienced legal counsel proactively, from the earliest stages of project conception, is not merely a defensive risk mitigation tactic but a crucial enabler of sustained project success. By astutely navigating the legal terrain, prospective producers can develop robust, credible, and commercially viable carbon credit projects that contribute significantly to Malaysia's ambitious climate objectives and the broader global transition towards a sustainable and resilient economy.

[1] Malaysian Green Technology and Climate Change Corporation, 'Corporate Malaysia drives low-carbon transition' (6 December 2024) https://www.mgtc.gov.my/2024/12/corporate-malaysia-drives-low-carbon-transition/

[2] Legal High Committee for Financial Markets of Paris, Reporton the Legal and Regulatory Aspects of Voluntary Carbon Credits (16October 2024) https://www.banque-france.fr/system/files/2024-11/Rapport_66_A.pdf

[3] Ibid note 1.

[4] Section 2, Environment (Reduction of Greenhouse Gases Emission) Ordinance, 2023 of Sarawak.

[5] Ibid note 4.

[6] Sandra Sokial, ‘Mandatory licensing for carbon trading activities in Sabah after Forest Enactment amendments’ The Star (Kota Kinabalu, 17 April 2025) https://www.thestar.com.my/news/nation/2025/04/17/mandatory-licensing-for-carbon-trading-activities-in-sabah-after-forest-enactment-amendments

[7] Ibid note 6.

[8] Ibid note 6.

[9] UNFCCC, 'CDM: Project Activities' https://cdm.unfccc.int/Projects/diagram.html

[10] Integrity Council for the Voluntary Carbon Market, 'The Core CarbonPrinciples' (ICVCM) https://icvcm.org/core-carbon-principles/

Article
Infrastructure, Energy and Utilities

Carbon Credit Series – A Producer's Guide to Navigating Malaysia's Carbon Credit Maze

The growing interest in carbon markets in Malaysia has brought into sharp relief the need for legal clarity, governance oversight, and stakeholder alignment in carbon credit transactions. A case that underscores these complexities is the Sabah Nature Conservation Agreement (NCA), which attracted national and international attention due to its opacity, legal ambiguities, and stakeholder backlash.

Signed in 2021, the Sabah NCA involved a proposal to monetise carbon credits from more than two million hectares of forest reserves in Sabah through a 100-year agreement between the state government and Hoch Standard Pte Ltd, a little-known Singapore-based private company. The company was purportedly granted exclusive rights to develop and monetise nature conservation and carbon credit initiatives within the designated forest areas.[1]

The agreement was met with immediate controversy due to several reported flaws:

  • Lack of transparency: The terms of the agreement were not publicly disclosed, nor were they tabled before the state legislative assembly. This created concerns about governance, public accountability, and regulatory compliance.[2]
  • Questionable corporate profile: Hoch Standard Pte Ltd was described as having no prior track record in carbon markets or conservation work. It had minimal publicly available corporate history and an unclear funding structure, which raised red flags regarding its capacity to execute such a large-scale initiative.[3]    
  • Failure to consult stakeholders: Indigenous communities and other key local stakeholders were reportedly not consulted in advance of the agreement. This raised concerns over Free, Prior and Informed Consent (FPIC) obligations, a cornerstone     principle in international environmental and human rights law.[4]    
  • No clear benefit-sharing framework: Critics highlighted that the agreement lacked transparent mechanisms for sharing financial benefits with local communities or reinvesting in forest conservation.[5]    
  • Bypassing procurement norms: There was no evidence of an open bidding or selection process, raising issues of compliance with public procurement laws and principles of fair competition.[6]    
  • Concerns over additionality: The forests involved were already gazetted as protected areas, casting doubt over the additionality of any claimed carbon benefits. This raised questions about the environmental integrity and legitimacy of the credits that could be generated under the agreement.[7]

These concerns culminated in a backlash from civil society, scrutiny from legal commentators, and calls for the agreement to be reviewed or annulled. The Sabah Attorney General ultimately suspended the agreement for further investigation.

Key Legal Considerations for Purchasers Demonstrated by the Sabah NCA

The Sabah NCA serves as a practical case study for carbon credit purchasers. The key legal takeaways include:

  1. Legal provenance of carbon rights: Buyers must assess whether the entity offering credits has a clear and legitimate legal right to generate and sell them. This involves reviewing concession agreements, land titles, and the basis of carbon ownership under domestic law.
  2. Regulatory compliance: Ensure that the transaction complies with national and subnational laws governing land use, conservation, and public procurement.
  3. Stakeholder consultation: Purchasers should require proof that Indigenous and local communities have been consulted and that FPIC obligations have been fulfilled.
  4. Due diligence on counterparty: Review the financial health, track record, and capacity of the project developer or intermediary. Lack of transparency or inexperience can expose buyers to reputational and contractual risk.
  5. Verification vs. legal due diligence: Even where a project is verified by a voluntary standard (e.g., Verra or Gold Standard), legal advisors must still verify the enforceability of underlying rights and compliance with local law.
  6. Benefit-sharing arrangements: Credibility and sustainability of carbon projects are bolstered by clear, fair, and documented benefit-sharing mechanisms with impacted communities.
  7. Environmental integrity and additionality: Buyers should question whether the project meets genuine additionality. If the land is already protected, then carbon benefits may not be new or incremental, potentially affecting the credibility and market value of the credits.

The Sabah NCA highlight show legal risks in the origination of carbon credits can cascade to buyers, potentially undermining their ESG commitments and inviting scrutiny from investors, regulators, and civil society.

A well-advised transaction in the carbon market requires more than technical validation or registry-level certification. Legal counsel plays an essential role in evaluating the enforceability of carbon rights, ensuring alignment with local and international legal norms, and managing transaction risks across regulatory, contractual, and reputational dimensions. By conducting targeted legal due diligence and advising on structuring and compliance, lawyers help ensure that buyers enter the market with confidence, mitigating the very risks that surfaced in the Sabah NCA.

[1] The Edge Markets, “Cover Story: Getting Carbon Markets Right”, 22 September 2022. https://theedgemalaysia.com/article/cover-story-getting-carbon-markets-right

[2] Free Malaysia Today, “Sabah’s carbon credit deal: Why the secrecy?”, 5 November 2021. https://www.freemalaysiatoday.com/category/nation/2021/11/05/sabahs-carbon-credit-deal-why-the-secrecy/

[3] Eco-Business, “UN investigates contentious forest carbon pact in Malaysian Borneo”, 19 March 2024. https://www.eco-business.com/news/un-investigates-contentious-forest-carbon-pact-in-malaysian-borneo/

[4] Mongabay, “Sabah’s secretive carbon deal sparks alarm over Indigenous rights, forest protection”, 3 November 2021. https://news.mongabay.com/2021/11/sabahs-secretive-carbon-deal-sparks-alarm-over-indigenous-rights-forest-protection/

[5] Details emerge around closed-door carbon deal in Malaysian Borneo”, 24 November 2021. https://news.mongabay.com/2021/11/details-emerge-around-closed-door-carbon-deal-in-malaysian-borneo/

[6] Malaysiakini, “Questions mount over Sabah’s opaque forest carbon deal”, 3 November 2021. https://www.malaysiakini.com/news/598291

[7] Ibid note 1.

Article
Infrastructure, Energy and Utilities

Carbon Credit Series - Key Legal Lessons from the Sabah Nature Conservation Agreement

Environmental, Social, and Governance (ESG) considerations are no longer just a corporate responsibility; they are a business imperative. Investors, regulators, and consumers are increasingly scrutinizing ESG claims, and businesses that misrepresent their sustainability efforts—whether by exaggeration (greenwashing) or excessive silence (greenhushing)—face legal, financial, and reputational risks.

The Global Crackdown on Greenwashing

Regulators worldwide are intensifying efforts to combat misleading ESG claims. In Europe, litigation has resulted in the removal of misleading sustainability advertisements, with courts and regulators shifting toward imposing financial penalties and securities fraud charges.

In the Netherlands, KLM faced legal action over its marketing campaign that implied air travel with the airline was sustainable due to its carbon offset program. Environmental groups challenged these claims, arguing that offsetting did not equate to genuine emission reductions. The case resulted in KLM retracting its advertising campaign, setting a precedent for stricter enforcement against misleading environmental claims in the aviation industry[1]. In Italy, oil giant Eni was fined EUR 5 million by the Italian Competition Authority for falsely marketing its diesel product as "green"[2]. The investigation revealed that Eni's claims were misleading because they referred only to a minor bio-based component of the fuel rather than the entire product. The ruling reinforced the principle that environmental claims must be fully substantiated and not selectively framed to mislead consumers.

The legal consequences have since escalated beyond advertising breaches. The Mercer Super annuation case in Australia serves as a clear warning—Mercer was fined AUD 11.3 million (USD 7.2 million) for falsely marketing its “Sustainable Plus” pension fund as excluding fossil fuels, gambling, and alcohol investments, when in reality, such investments were present[3]. Similarly, Deutsche Bank subsidiary DWS faced significant penalties after German authorities and the U.S. Securities and Exchange Commission (SEC) investigated its ESG claims. In 2023, DWS was fined a combined USD 25 million for overstating its ESG credentials in investment products and failing to establish a proper anti-money laundering program[4]. These cases highlight a regulatory shift from simple compliance warnings to substantial financial penalties and legal consequences under securities fraud and misrepresentation laws.

ESG Enforcement in Southeast Asia

While Southeast Asia has yet to impose similar financial penalties, enforcement is increasing. Advertising regulator in Singapore has begun scrutinizing greenwashing claims, and regulatory frameworks are evolving to align with international ESG standards. This shift signals that businesses must proactively strengthen compliance efforts to avoid regulatory scrutiny and potential financial repercussions in the near future.

A notable case is the VietJet incident in Singapore, where the Advertising Standards Authority of Singapore (ASAS) ruled against the airline’s misleading green marketing campaign. VietJet promoted its “Green Friday” sale, suggesting that discounted air tickets contributed to a greener future, and made claims about the environmental benefits of its fleet and digital services. ASAS determined that the claims were misleading, lacking substantiation, and ordered their removal. This case underscores the increasing regulatory vigilance in the region and the expectation for businesses to ensure transparency and accuracy in their ESG-related claims.[5]

Key Greenwashing-Related Legal Frameworks in Malaysia

From a legal standpoint, misrepresenting ESG commitments may constitute corporate fraud, misleading advertising, or securities violations. In Malaysia, key statutes that regulate corporate misrepresentation and deceptive business practices include:

  • Capital Markets and Services Act 2007 (CMSA) – Prohibits false or misleading statements in securities offerings, which could include ESG-related financial disclosures.
  • Companies Act 2016 – Addresses fraudulent trading and misrepresentation in business dealings.
  • Financial Services Act 2013 – Regulates misrepresentation in financial products, including sustainability-linked investments.
  • Consumer Protection Act 1999 – Prohibits misleading claims in advertising and marketing, including environmental claims.
  • Malaysian Anti-Corruption Commission (MACC) Act 2009 – Covers governance failures that may arise from unethical ESG reporting.

Given this legal landscape, businesses must recognize that ESG deception or greenwashing can expose them to regulatory enforcement, lawsuits from stakeholders, and significant reputational damage.

The Cost of Inaction is High

For corporate leaders, the message is clear: ESG compliance is no longer optional. Regulators are tightening enforcement, investors are demanding transparency, and consumers are holding businesses accountable. Companies that fail to substantiate their ESG commitments risk financial penalties, regulatory scrutiny, and loss of investor trust.

If you have any questions or require any additional information, please contact Andreanna Ten Maven or the partner you usually deal with at Zaid Ibrahim & Co.

This article is for general information only and is not a substitute for legal advice

[1] https://www.bloomberg.com/news/articles/2024-03-20/klm-loses-dutch-greenwashing-case-on-climate-advertising

[2] https://www.reuters.com/business/energy/italys-top-administrative-court-upholds-eni-appeal-against-biofuel-fine-2024-04-24/

[3] https://asic.gov.au/about-asic/news-centre/find-a-media-release/2024-releases/24-173mr-asic-s-first-greenwashing-case-results-in-landmark-11-3-million-penalty-for-mercer/

[4] https://www.reuters.com/legal/dws-pay-25-mln-over-us-charges-over-esg-misstatements-other-violations-2023-09-25/

[5] https://www.eco-business.com/news/vietjet-promotion-for-eco-friendly-budget-air-tickets-scrapped-after-greenwash-ruling-by-singapore-ad-watchdog/

Article
Infrastructure, Energy and Utilities

Navigating ESG Compliance: Avoiding the Legal and Financial Pitfalls of Greenwashing