shadow director

Shadow Director: Who are They and What are Their Duty?

What is 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 directors Read more about Shadow Director: Who are They and What are Their Duty?[…]

wound up

Can You Wound Up A Money Lending Company?

We have assisted numerous client with winding-up proceedings:    Can you rely on the Companies Act to wound up a money lending company? The short answer is no. The long answer can be seen in the recent Court of Appeal case of Litar Sistem Adilkap Sdn Bhd v. Lee Teak Hock & Anor1. Brief facts Read more about Can You Wound Up A Money Lending Company?[…]

stay of execution

Civil Law 101 – Stay of Execution

Imagine this – A and B decided to duke out their differences in court. A lost and was ordered by the court to comply with a certain court judgment in B’s favor. Dissatisfied with the outcome, A filed an application to appeal the matter to a higher court. Is A required to comply with the Read more about Civil Law 101 – Stay of Execution[…]

coercion in contract

Contract 101 – Coercion in Contract

We have assisted numerous client with coercion in contract issue:    What is coercion in relation to contract There are two definitions of the word “coercion” under the Contracts Act 1950 (the Act): Section 15 of the Act defines coercion as the act of committing, or threatening to commit any act forbidden by the Penal Read more about Contract 101 – Coercion in Contract[…]

Director’s Duty

Company Law 101: Director’s Duty to Disclose of Personal Interest

What is the “director’s duty to make a disclosure”? Ideally, in every contractual transaction between two companies, it is the duty of the directors of a company to direct, steer and make decisions (in regards to the contractual transaction) in the best interests of the company. However, what happens when a director cannot see past Read more about Company Law 101: Director’s Duty to Disclose of Personal Interest[…]

Family Company

Company Law 101: Oppression in a Family Company

We have assisted numerous clients with their company disputes. Let us help you too:    What is a family company? Family companies are often characterized by having family members as shareholders and directors with the aim of carrying out the family business. However, more often than not, there appears to be a lack of proper Read more about Company Law 101: Oppression in a Family Company[…]

Companies Act 2016

Company Law 101: The Brief Lesson on Section 241 of the Companies Act 2016

Looking for Company Secretary to set up a company?    Section 241 of the Companies Act 2016 (CA) came into force on the 15 March 2019. What it entails is this: Any person who is already a company secretary or any person who is qualified to act as a secretary must now register with the Read more about Company Law 101: The Brief Lesson on Section 241 of the Companies Act 2016[…]

shareholder dispute

Company Law 101: Remedies for Shareholder Dispute

What happens if there is a shareholder dispute between the shareholders and they cannot see eye to eye anymore (regardless of whether the dispute is between majority shareholders or between majority-minority shareholders)? What can a shareholder do? In this article, we will discuss three remedies that are available in such a situation. The general rule Read more about Company Law 101: Remedies for Shareholder Dispute[…]

dispute resolution clause

Contract 101: The Need for A Dispute Resolution Clause

Looking for legal advice for your contract clause?    What happens if there is a dispute between contracting parties? Is litigating the dispute in court the only way forward? In today’s article, we will briefly share a particular clause that people often do not insert into their agreements that would provide an alternate avenue or Read more about Contract 101: The Need for A Dispute Resolution Clause[…]

civil conspiracy

Civil Conspiracy : The Conspiracy Theory

What is Civil Conspiracy? Conspiracy is an agreement between two or more persons to do an unlawful act or to do a lawful act by unlawful means. It may be both a criminal, tortious or even a civil claim. For example: Person A and Person B conspire together to ensure that Person C suffers the Read more about Civil Conspiracy : The Conspiracy Theory[…]

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