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Navigating the Winding Up Process

Navigating the Winding Up Process

by Sean Tan

This article conducts a brief exploration into how business owners or company directors can navigate through the winding-up process, after being served being served with a winding-up notice or a winding-up petition.[Read more...]

5 Common Clauses required in your Shareholder Agreement

5 Common Clauses required in your Shareholder Agreement

by Jason Yong Kok Yew

This article shares about the five (5) common clauses required in your shareholder agreement. Especially relevant to company directors and shareholders.[Read more...]

When can a Liquidator get paid?

When can a Liquidator get paid?

by Mavinthra Jothy Thillainathan

The function of a liquidator is to realise the assets of a company. The creditors, who hope to recover some of their debts out of the assets, therefore have a direct interest in the level of costs, and in particular the remuneration of the liquidator, if one is appointed.[Read more...]

Key Highlights of the Companies Amendment Bill 2019

Key Highlights of the Companies Amendment Bill 2019

by Lavinia Kumaraendran

The Companies Amendment Bill 2019 has been tabled for First Reading in the Dewan Rakyat (House of Representatives) on 8th July 2019. The Amendment Bill will make amendments to the Companies Act 2016 (Act 777).[Read more...]

The Case of Rajamani

The Case of Rajamani

by Pauline Lim & Alliff Benjamin Suhaimi

Deferred indefeasibility means that subsequent purchasers of land acquired by means of fraud and/or forgery, were they found to be acting in good faith and have purchased the land for valuable consideration, would be afforded an indefeasible title to the land. This is notwithstanding any innocent original owner of the...[Read more...]

101 on Proxy in Company General Meetings

101 on Proxy in Company General Meetings

by Lavinia Kumaraendran

The right to appoint a proxy is important as it allows a shareholder who is unable to attend the meeting in person to appoint a representative to vote in his absence. In this regard, every AGM notice must disclose, with reasonable prominence, a statement on the shareholders’ rights to appoint...[Read more...]

Illegitimacy and Inheritance in Malaysia: Two Cautionary Tales

Illegitimacy and Inheritance in Malaysia: Two Cautionary Tales

by Cassandra Lee

In this piece, I seek to outline the trouble with inheritance laws in Malaysia[1] in so far as it concerns children deemed to be illegitimate. I draw examples from 2 recent High Court decisions which, in my opinion, demonstrate in reality the harshness of our current laws to children deemed...[Read more...]

Orang Asli Customary Land Rights

Orang Asli Customary Land Rights

by Alliff Benjamin Suhaimi

It must be understood that, for indigenous populations, land does not represent simply a possession or means of production . . . . It is also essential to understand the special and profoundly spiritual relationship of indigenous peoples with Mother Earth as basic to their existence and to all their...[Read more...]

Can a Directors’ Meeting without an Agenda be Valid?

Can a Directors’ Meeting without an Agenda be Valid?

by Lavinia Kumaraendran

Must an Agenda be prepared and circulated before a directors’ meeting? In the event that such an agenda is not prepared and issued, would an individual have sufficient grounds in law to challenge the validity of the said meeting? This article aims to clarify the current position of the law...[Read more...]

Retention Sum in Construction Contracts

Retention Sum in Construction Contracts

by Naveen Sri Kantha

Can we really trust that the retention monies deposited to an employer in a construction contract be returned? -- Time for Malaysia to wake up and recognize the commercial realities faced by contractors. All standard form construction contracts in Malaysia, with the exception of Public Works Department Contract PWD 203/A[Read more...]

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