Third Party Proceedings: When Is It Too Late?
by Rachel Chong Jia Wei
A defendant can bring third party proceedings against a third party to claim...[Read more...]
The Rights of Mortgagors & Mortgagees : A Brief Comparison of the position in UK & Malaysia
by Alliff Benjamin Suhaimi & Angelene Cheah
A mortgage is defined as “a conveyance of land…as a security for the payment of a debt or the discharge of some other obligations for which it is given.[Read more...]
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?
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?
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
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)
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...]
COVID-19 Bill 2020 – Protection Against Inability to Perform Contractual Obligations
by Mavinthra Jothy Thillainathan
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
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
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...]