Section 241 of the Companies Act 2016 (CA 2016) has come into force today on 15 March 2019 (see P.U.(B) 138/2019). This is the last provision of the CA 2016 to be brought into force. Under this section, all qualified persons who wish to act as a company secretary must register with the Registrar of Companies.
The Court of Appeal in the Wellcom Communications case has decided on certain significant issues relating to a judicial management application (see the grounds of judgment dated 13 February 2019). This is Malaysia’s first appellate decision relating to judicial management.
In summary, upon the filing of a judicial management application, an automatic moratorium applies. This will stay all legal proceedings from continuing or from being commenced against the applicant company. The Court of Appeal has held that once the judicial management application is dismissed, there cannot be a grant of any stay order to stay the dismissal of the application in order to revive the moratorium effect. Continue reading →
The seminar focuses on issues relating to claims involving companies and misdirected funds or opportunities. The speakers will combine their academic and practical perspectives and how to frame the appropriate causes of action in both common law and equity. Continue reading →
The Court is able to exercise its jurisdiction under the Federal Court case of Badiaddinto set aside its own Order where the defect is of such a serious nature that there is a need to set aside the Order in the interests of justice. Continue reading →
The Companies Commission of Malaysia (SSM) has made an important announcement that the Companies Act 2016 [Act 777] has been reprinted as at 1 November 2018 with certain minor revisions. These typographical revisions were made under the powers of the Revision of Laws Act 1968.
The reprinted Companies Act 2016 (as at 1 November 2018) can be found on the SSM website here. Continue reading →