Tag: Corporate & Commercial Disputes

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Case Study: Determining The Value Of Shares During A Transfer Of Shares Scenario

When shares are transferred from one party to another, how does the company value the shares (for stamp duty purposes)?  Is it: a: A fixed value as stated in the transfer form; or b: Other considerations need to be taken into account in determining the actual value of shares of the date of transfer? Let…
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March 31, 2021 0

Case Study: Awarding Damages To A Co-Petitioning Company In A Derivative Action?

Can a company be joined as a co-petitioner in a derivative action against the company itself? Let us briefly look at the case of Koh Jui Hiong @ Koa Jui Jeong & Ors v Ki Tak Sang @ Kee Tak Sang And Another Appeal and determine the question above.  Brief facts of the case One…
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March 31, 2021 0

Fraudulent Trading

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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December 22, 2020 0

What Is A Shadow Director?

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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October 6, 2020 0

Minority Oppression In A Company

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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August 10, 2020 0

Claims That Can be Pursued under CIPAA 2012

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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February 29, 2020 0

Dispositive vs Whole – The Arbitration Award Conundrum

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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January 28, 2020 0

Retrospective Law – Does it Alter Your Legal Rights?

What happens if a new law comes into force? Will it supplement/ replace its predecessors? Will it replaces the rights that you have acquired by virtue of conforming to the existing law? Which law must you adhere to? Will you be breaching the new law if you are to adhere to the old law? This…
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December 31, 2019 0