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.
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).
As 2019 draws to a close, I wanted to feature five interesting Malaysian company law cases during the year.
I have drawn from Malaysian decisions that advanced interesting points of law and has helped to develop company law and also the interpretation of the Companies Act 2016 (CA 2016). These cases range from the CEO’s fiduciary duty, the doctrine of a universal successor entity, and the chairman’s adjournment of general meetings.