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
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
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
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
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?
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
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
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
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
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...]
Avoiding Partial Intestacy
by Nicholas Wong
We draw up Wills to let people know how we want our belongings, assets and properties distributed after we die. But what happens if we miss something out? It is said that a person is only testate (meaning, to have died leaving a will) in so far as they have...[Read more...]
Directors can land in prison for failing to carry out basic duties
by Lavinia Kumaraendran
Did you know that as directors you can land yourselves in prison for failing to carry out your basic duties? Under Section 132 of the Companies Act 2016, dividends are only paid out of profits if the company satisfies the solvency tests[Read more...]
Mental Health Act 2001 - Life after being Declared as Mentally Disordered
by Voon Su Huei
The court has the power to order an inquiry to determine if because of a mental disorder, a person is incapable of managing himself and his affairs. If the court does find that such a person cannot manage himself and his affairs[Read more...]
Interim Receivers in Company Law
by Joshua Goh
We often hear of legal disputes arising between the members / directors where there is disagreement or a lack of trust and confidence between them resulting in a deadlock in management. In such situations, a disgruntled shareholder / director may seek relief[Read more...]
Parties to be named in Winding Up Petitions under Section 465(1)(f) (1)(h) of the Companies Act, 2016
by Lavinia Kumaraendran
An oppression petition filed under section 346 of the CA 2016 (s.181 CA 1965) can be brought against any director, shareholder or third party. In the said action, the alleged oppressors as well as the company will be named respondents and affidavits will be filed to determine the truth of...[Read more...]
Judicial Management in Malaysia
by Lavinia Kumaraendran
The recent case of Leadmont Development Sdn Bhd v Infra Segi Sdn Bhd represents a landmark ruling in Malaysia being the first case to discuss and spell out the background and framework surrounding the law of judicial management[Read more...]
Judicial Management - The Case of CIMB Islamic v Wellcom Communications
by Lavinia Kumaraendran
This case concerns the applications of two companies (Wellcom Communications & Rangkaian Mining) for Judicial Management (i.e. a moratorium - a prohibition to stop anybody from filing any action as against the company for a period of 6 months and/or as the Court may order).[Read more...]
Publicising a Police Report, At Your Own Risk
by Alliff Benjamin Suhaimi
The Federal Court in Noor Azman Bin Azemi v Zahida Binti Mohamed Rafik has recently held that the republication of the contents of a police report does not attract the defence of Absolute Privilege. In that case, the Plaintiff initiated a defamation claim against the Defendant based on the contents...[Read more...]