A shareholders’ agreement is a foundational legal document for any startup with multiple shareholders. While the Companies Act 2016 (“CA 2016”) and a company’s constitution govern statutory rights and corporate structure, a shareholders’ agreement is a private contract that governs the business relationship between shareholders, provides clarity on rights and obligations, and fills gaps left […]
The scheme of arrangement is a vital tool for corporate restructuring and insolvency that enables financially troubled companies to restructure their operations, safeguard their assets, and fulfil their obligations. However, different jurisdictions appear to have different decisions regarding some legal issues arising out of a scheme of arrangement. Some of these issues have been put
Scheme Of Arrangement: 4 Legal Issues Determined By The Federal Court Read More »
While a company is a legal entity, it is in actuality merely an empty shell. As such, a company’s directors are essential to its operations and decision-making. That being said, the directors are also responsible to ensure that the business is financially stable and that the company is able to meet its obligations. Legal action
[By Bryan Boo] The COVID-19 pandemic has forced many companies and businesses to rethink their business models. One trend resulting from the COVID-19 pandemic is that more and more businesses are moving towards digital and online platforms. With social distancing being the ‘new normal’, it is no wonder that consumers prefer purchasing online as compared
5 Considerations Before Launching an Online Business Read More »
[Jointly Written By Bryan Boo With Richard Wee of Messrs Richard Wee Chambers] In our previous article, we discussed the 5 core principles encapsulated in the ‘Guidelines on Adequate Procedures Pursuant to Subsection (5) of Section 17A Under the Malaysian Anti-Corruption Commission Act 2009’ with regards to what amounts to ‘adequate procedures’ under Section 17A(4)
[Jointly Written By Bryan Boo With Richard Wee of Messrs Richard Wee Chambers] In our previous article, we presented a general overview of Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”), of which came into force on 1 June 2020. Section 17A does provide for statutory defences, one of which is under
[Jointly Written By Bryan Boo With Richard Wee of Messrs Richard Wee Chambers] The Malaysian Anti-Corruption Commission (“MACC”), established by the Malaysian Anti-Corruption Act 2009 (“MACC Act”), is the agency tasked in combatting corruption in Malaysia. The Preamble to the MACC Act reads: An Act to provide for the establishment of the Malaysian Anti-Corruption Commission,
Corporate Corruption – Section 17A MACC Act 2009 And ISO 37001 Read More »
On 27 April 2020, it was reported that 7-Eleven Malaysia Holdings Bhd had issued a notice to the dissenting shareholders (“Notice to Dissenting Shareholders“) of Caring Pharmacy Group Bhd for the compulsory acquisition of their shares. This article highlights the mechanism of such notice to dissenting shareholders. CAPITAL MARKETS AND SERVICES ACT 2007 The Notice
Our previous article entitled “Corporate Rescue Mechanisms – Saving The Company Before It Sinks” explored some of the corporate rescue mechanisms that are made available under the Companies Act 2016 to companies that are facing financial distress. These mechanisms are hopefully able to rescue a company from financial distress and save the company from the
Fortuna Injunction – Preventing a Winding-Up Petition Read More »
It is unsurprising that a company in dire financial state would have to eventually contend with the dilemma of whether or not to wind up the company. At times, such a winding up action may be commenced by a creditor who has yet to be paid its debts owed and due. It is heartbreaking to
Corporate Rescue Mechanisms – Saving The Company Before It Sinks Read More »
