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Kicking out the Big Boss: Can the Removal of Directors Constitute Oppression under S346 of the Companies Act 2016?

Kicking out the Big Boss: Can the Removal of Directors Constitute Oppression under S346 of the Companies Act 2016?

by Rachel Ng Li Hui

The circumstances and remedies in connection to the oppression of shareholders are encapsulated in S346 of the Companies Act 2016, wherein:[Read more...]

Imputed Knowledge of Sleeping Directors:  Can They Really Sleep and Say That They Don’t know?

Imputed Knowledge of Sleeping Directors: Can They Really Sleep and Say That They Don’t know?

by Jason Cheong Kah Lok

Sleeping directors are commonly non-executive directors who attend periodic Board meetings, read management reports and pass resolutions or ...[Read more...]

Post Winding-Up Examination: The Curtains Ring Down, What Next?

Post Winding-Up Examination: The Curtains Ring Down, What Next?

by Voon Su Huei

Post winding-up examination is governed by two main provisions, namely section 502 and 503 of the Companies Act 2016 .[Read more...]

Stay of Execution: Hitting the Pause Button on a Court Judgment

Stay of Execution: Hitting the Pause Button on a Court Judgment

by Voon Su Huei

Are you still bound to deliver vacant possession of your property before your appeal is heard?[Read more...]

The Verifying Affidavit in a Creditor’s Petition (The Disconnect between Personal and Corporate Insolvency)

The Verifying Affidavit in a Creditor’s Petition (The Disconnect between Personal and Corporate Insolvency)

by Avinash Kamalanathan

Must an affidavit that verifies the creditor’s petition in personal insolvency proceedings be affirmed after the attestation of the petition?[Read more...]

Malaysia’s Temporary COVID-19 Bill 2020 (A Personal Insolvency Perspective)

Malaysia’s Temporary COVID-19 Bill 2020 (A Personal Insolvency Perspective)

by Lavinia Kumaraendran & Avinash Kamalanathan

This brief update highlights the proposed amendments to the Act and analyses the implications of the same.[Read more...]

Piercing the Corporate Veil in Employment Disputes

Piercing the Corporate Veil in Employment Disputes

by Alliff Benjamin Suhaimi & Angelene Cheah

A company is treated as a separate legal entity from its directors and shareholders. However, like all general rule, there are always exceptions.[Read more...]

Signing a Contract on Behalf of the Company

Signing a Contract on Behalf of the Company

by Lavinia Kumaraendran & Yap Sher Min

Who has the necessary authority to sign on behalf of the company to execute the company's decision?[Read more...]

Termination of Liquidators’ Appointment

Termination of Liquidators’ Appointment

by Mavinthra Jothy Thillainathan

The appointment of a liquidator may be terminated in a number of ways.[Read more...]

Construction Law Series No.2: Trust Issues with Retention Sum in the Times of COVID-19

Construction Law Series No.2: Trust Issues with Retention Sum in the Times of COVID-19

by Naveen Sri Kantha

Where the Employer goes into liquidation, does the retention monies or performance bond be regarded as trust monies or merely a simple debt owed?[Read more...]