Author: adminmathews

Legal Service Provider In Malaysia For Corporate Law, Legal Advice, Legal Assistance, Commercial Litigation And Arbitration

Majority Oppression: Is It Even Possible?

We have been dealing with a lot of minority oppression cases/ issues in our previous articles. In this article, we will deal with the exact opposite, namely, whether the majority shareholders of a company can be oppressed/ bring an oppression suit.  What is oppression? Oppression is an act whereby the action of the company (against…
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April 12, 2021 0

Before Or After? Vesting A Company’s Land In The Hands Of A Liquidator

Can directors of a company and/ or third parties can be held personally liable for oppression action? This issue was dealt with recently in the Federal Court in Auspicious Journey Sdn Bhd v Ebony Ritz Sdn Bhd & Ors. We shall briefly discuss the question posed. (we have previously dealt with the issues of bringing…
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April 12, 2021 0

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

A Quick Guide On Company Liquidators

In this article, we will briefly share the laws governing a liquidator, namely: How are they appointed? In a voluntary winding up scenario, via a resolution: By a member’s voluntary winding up where the company is solvent and the liquidator is appointed by the members at the members’ meeting; or By a creditors’ voluntary winding…
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March 22, 2021 0

A Brief Guide On Consideration

What is consideration? In contrast, the word “consideration” connotes an act/ abstention by the promisee (the person who accepts a contract offer) in return for the same by the promisor (the person who offers the contract). For example, the A offers B RM200. In return will repair A’s air conditioner. The consideration in the example…
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February 27, 2021 0

Misrepresentation 101

What is misrepresentation Misrepresentation is a false/ untrue/ misleading pre-contractual statement of fact made by one party (party A) that induces another party (party B) to enter into a contractual relationship with A, which usually results in B suffering loss. How many types of misrepresentation are there? There are three types of misrepresentation in Malaysia.…
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February 23, 2021 0

Can An Individual Raise The Concept Of Equity In Oppression Suit?

Can equity comes into play in an oppression suit? In this article, we will briefly discuss this issue. The law in relation to this topic First thing’s first, what is “Oppression”? Under section 346 of the Companies Act, oppression happens when the actions of the company (in regards to the treatment of the shareholders of…
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February 20, 2021 0

What Are “Restraint of Trade” Clauses?

If you read enough contractual agreements, you will occasionally stumble upon a clause in a contractual agreement that states that a party is restricted from acting in a certain manner for a certain period and/ or within certain local limits. Generally, such a clause is called a “restraint of trade clause”. More of it below. …
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February 17, 2021 0

The Basic Requirements To Form A Valid Contract

What are the requirements for a contractual agreement to be valid? In today’s article, we will briefly share just that. There must be an “offer” by the offeror Section 2(a) of the Contracts Act refers to the term “offer” as a proposal. Regardless, an offer is a term used to signify party A (an offeror)…
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January 31, 2021 0