Introduction When a company is wound up by a court order, a liquidator steps in to manage the company. Under Malaysian company law, the legal standing of such a company to bring or proceed with an action or proceeding is vested in the liquidator. If an action or...
Introduction In February 2020, the High Court allowed a shareholder to convene a one-member extraordinary general meeting (EGM) of a family-run company in Lee Yee Wuen v Kien Yiap Trading Sdn Bhd.(1) When applying for a court-ordered meeting, applicants must prove...
With effect from 1st June 2020, following the introduction of the new Section 17A of the Malaysian Anti-Corruption Commission Act 2009 (“MACC Act”), strict liability is imposed on a Commercial Organisation for its failures to prevent a person associated with it from...
In Siemens Industry Software GmbH & Co KG v Jacob & Toralf Consulting Sdn Bhd,(1) the appellant commenced arbitration against a group of respondents in Singapore, claiming, among other things, a sum exceeding €3 million. The arbitral tribunal dismissed the...
Pursuant to Section 17A(5) of the Malaysian Anti-Corruption Commission Act 2009 (MACC Act), the Prime Minister’s Department issued the Guidelines on Adequate Procedures to prevent persons associated with a commercial organisation from undertaking corrupt practices. To...
The enforcement of the Movement Control Order (“MCO”) from 18th March 2020 brought most construction sites to a standstill. The movement control was later relaxed. As of May 2020, most construction sites could resume work but with heightened safety and health...
In Gurbachan Singh Bagawan Sigh v Vellasamy Pennusamy appeals arose in the context of claims brought by a number of purchasers against a solicitor for breach of fiduciary duty in a solicitor-client relationship in connection with property which the solicitor had...
While companies are in the midst of restructuring business to survive in the new normal led by COVID-19 outbreak, the Malaysian Anti-Corruption Commission (“MACC”) recently announced that the implementation of Section 17A of the Malaysian Anti-Corruption Commission...
The Malaysia government, on 18 March 2020, implemented the Movement Control Order (“MCO”) to curb the spread of COVID-19. On 1 May 2020, the Conditional Movement Control Order (“CMCO”) was announced by the Prime Minister to replace the MCO since 4 May 2020 and various...
The attorney general is a public officer endowed with discretionary power under Article 145 of the Malaysian Federal Constitution to institute, conduct, or discontinue any criminal proceedings. The question arises: where a public officer’s decision is subject to...