Termination of Liquidators’ Appointment
by Mavinthra Jothy Thillainathan
The appointment of a liquidator may be terminated in a number of ways.[Read more...]
Duties and Responsibilities of Auditors in relation to the Company’s Financial Statements and Accounting Records
by Lavinia Kumaraendran & Yap Sher Min
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...]
The Companies (Exemption) Order 2020: Is it exempted from Legal Challenge?
by Alliff Benjamin Suhaimi, Angelene Cheah & Jesselyn Tham
Judicial review is a legal avenue available to an aggrieved party to challenge the decision-making process of a public authority[Read more...]
In Days of Financial Hardship, Can Directors Take Loans From Their Company?
by Lavinia Kumaraendran & Avinash Kamalanathan
A director is generally not allowed to take loans from a company. However, there are instances where the same is allowed.[Read more...]
That’s Unfair! – A Cautionary Tale on Judicial Comments
by Alliff Benjamin Suhaimi & Angelene Cheah
Justice. The term that holds the very fabric of a democratic society. A concept that allows society to feel safe and secure.[Read more...]
A New Era of Online Hearings During a Pandemic
by Alliff Benjamin Suhaimi & Angelene Cheah
This pandemic has made one thing clear, it’s about time for the legal profession to embrace technology and move towards a new era of working remotely.[Read more...]
A Director’s Liability: The Consequences of Turning a Blind Eye to the Wrongdoings of Others.
by Lavinia Kumaraendran & Yap Sher Min
Being a director will undoubtedly put you in a position where you will owe wide general duties to your company.[Read more...]
The Coming Into Effect of Section 17A MACC Act on 1.6.2020
by Lavinia Kumaraendran & Mavinthra Jothy
Relation Back: Escaping Bankruptcy No More
by Lavinia Kumaraendran & Avinash Kamalanathan
This article will discuss the doctrine of relation back and how it negates transactions made by a bankrupt to avoid fulfilling his or her obligations.[Read more...]
Necessity for Temporary Measures in Personal Insolvency (in light of COVID-19)
by Lavinia Kumaraendran & Avinash Kamalanathan
The Government had taken active steps in the law of corporate insolvency when it increased the definition of a company’s ‘inability to pay its debts’[Read more...]
Can the Government Sue for Defamation?
by Alliff Benjamin & Jesselyn Tham
We look at a number of recent cases which have discussed the rights of a Government to sue for defamation.[Read more...]
What Directors Must Keep In Mind When Dealing with Substantial Assets - Section 223, Companies Act 2016
by Yap Sher Min
A director has a ‘statutory’ duty under s.223(1) of the CA 2016 to ensure that company resolutions be passed when dealing with substantial undertakings...[Read more...]
Extension of Time, Loss & Expense and Its Notice Requirements - If You Fail to Plan, You Plan to Fail
by Naveen Sri Kantha
In an application for EOT and L&E, there is normally a requirement to serve a written notice within a stipulated time as condition precedent.[Read more...]
Circumstances in which a Director of a Company May Be Publicly Examined in Court
by Mavinthra Jothy Thillainathan
This article will explore how the public examination mechanism provided under Section 503 of the Companies Act 2016 can be a useful tool to a liquidator.[Read more...]
Bankruptcy 101: An Overview of the Process
by Avinash Kamalanathan
This outline should shed light on what is involved in the bankruptcy process and clarifies the misconceptions often assimilated to bankruptcy proceedings.[Read more...]
The De Facto Director
by Sean Tan Yang Wei
Company directors are the people responsible for the day-to-day running and management of a company.[Read more...]
Estate Planning Series: How One Will Kicked Off a Baby Arms Race
by Nicholas Wong Kwang Tee
Is there a limit on the conditions you can attach to the gifts you make in a will?[Read more...]