Case Update: Golden Plus Decision – Removal of Directors under the Companies Act 2016

In the Golden Plus Holdings decision, the High Court sets out give important points relating to the removal of directors under the Companies Act 2016 (CA 2016).  You can read the grounds of judgment dated 14 January 2020.

The decision deals with the issues relating to requisitioning an EGM, the unavailability of some directors to attend a Board meeting, whether there can be first a requisition and then a convening of an EGM, the special notice requirement for removal of a director, and whether there can be improper motives to invalidate the removal of a director.

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Companies Amendment Act 2019 comes into force on 15 January 2020

The Companies (Amendment) Act 2019 will now come into force on 15 January 2020. This makes the first set of amendments to the Companies Act 2016.

The enforcement date was gazetted through P.U. (B) 16/2020. On the same date of 15 January 2020, the Companies (Company Auditor and Liquidator Fees) Regulations 2020 will also come into force (see P.U. (A) 9/2020).

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9 Upcoming Judicial Reforms for 2020

Today was the Opening of the Legal Year 2020 for Malaysia. This annual ceremony would see speeches delivered by the heads of the Attorney-General’s Chambers, the Malaysian Bar and the Judiciary.

Pic credit: bernama.com

 

The Chief Justice of Malaysia, Tan Sri Tengku Maimun binti Tuan Mat, set out in her speech the upcoming reforms to the judicial system. I cover nine of the areas below, ranging from limiting appeals on interlocutory applications, environmental law provisions and the full digitalisation of courts.

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Top 5 Arbitration Cases in Malaysia for 2019

This is the final part of the trilogy on top 5 company law cases, restructuring and insolvency cases, and arbitration cases in Malaysia for 2019.

This feature covers the range from an anti-arbitration injunction, stay of winding up proceedings pending arbitration to a setting aside of an interim measure in aid of arbitration. The cases below will refer to the Arbitration Act 2005 (AA 2005).

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