What are some of the business agreements that we often see in Malaysia? Today, we will briefly share some (but not all) of them. Sale of business agreement (in a sole proprietorship scenario) What is the agreement all about? Such agreement usually involves the buying/ selling of a business (sole enterprise/ proprietorship) from one party…
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What is an LLP An LLP, short term for “limited liability partnership”, is a partnership that combines the features you will find in a partnership and a limited liability company. In this regards, an LLP: Is mostly governed by the Limited Liability Partnership Act; Accords protection to its partners similar to the protection accorded to…
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What is fraudulent trading? Fraudulent trading is an act whereby a company carries on business operations with the intent to commit fraud/ purposefully defrauding its creditors/ creditors of other entity. Under section 540 Companies Act, it can be noted that fraudulent trading is both a civil criminal offence and is punishable by steep fines, debt/liabilities…
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What is a shadow director A shadow director is a director who: Is not formally appointed by the company; Are usually the ones who are controlling/ commanding the formally appointed directors (de jure directors) in the background; and The instructions given by them are usually followed and carried out by members of the board of…
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What is a Mareva Injunction A Mareva injunction is a court order which temporarily restrains the party being sued (defendant) from disposing of his/ her assets until the determination of the case between the suing party (plaintiff) and the defendant. In PCW (Underwriting) Agencies Ltd v Dixon & Anor, the court noted that the sole…
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To kick start this article, let us briefly look at a scenario: A and B settle their dispute in court. A lost. A was ordered by the court to comply with a court order, which is, as we all would know by now, is in favor of B. Miffed, A filed an appeal. During this…
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Being a minority shareholder in a company is not a walk in the park. To give some context: Minority shareholder votes are virtually meaningless unless they could garner the support of the majority shareholders; They have to be on constant alert to the attempts by the majority shareholders to abuse their power to the detriment…
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A claim in court generally involves two parties from opposite ends attempting to stake a claim in the dispute between them. To this end, we all know that there will always be a party that drew the shorter end of the stick i.e. they did not succeed in their claim. This is where the appeal…
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What kind of payment claim can a party in a construction contract claim under the Construction Industry Payment and Adjudication Act? To find out more, let us briefly look at the Federal Court case of Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd & Another Appeal, where the court had the chance to…
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When a party wishes to enforce an arbitration award through a court of law in Malaysia, must the party provide the court with the whole award given in the arbitration proceedings in order for the court to decide whether to allow the party to enforce the award or only a dispositive part of the award?…
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