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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...]

Time for a Time Limit on EPF Lawsuits

Time for a Time Limit on EPF Lawsuits

by Nicholas Wong

Imagine you are a sleeping company director and not an active part of the company’s management. Your fellow (active) director, who has been internally tasked to handle the company’s Employees Provident Fund (EPF) contributions, overlooks several payments.[Read more...]

The Effect of Section 114A of the Evidence Act 1950 on Internet Publications

The Effect of Section 114A of the Evidence Act 1950 on Internet Publications

by Pauline Lim Wenjun

In today’s generation, the use of social media is omnipresent. It has become commonplace to post one’s views or share content on social media, without any thought on the repercussions of the same. In this regard, it is important for the public to be aware of legislation pertaining to social...[Read more...]

Latest Decision by a Nine-Member Bench of the Federal Court

Latest Decision by a Nine-Member Bench of the Federal Court

by Clinton Tan

Today, the Federal Court delivered another decision from its nine-member bench of Federal Court judges. This is another historical judicial event as Federal Court appeals are usually heard by a panel of five judges.[Read more...]