This second edition has been extensively revised and updated in light of the Companies Act 2016, which came into operation on 31 January 2017. It considers an extensive number of reported cases with extracts of significant dicta and relevant statutory provisions, combining the discussion of the Companies Act 2016 and the previous Companies Act 1965. Together with the thoughtful use of tables, diagrams and flowcharts, this publication enables readers to engage in a critical examination of the law as it is and as it ought to be.
Key Features & Benefits
- Includes all the relevant and latest provisions relating to the Companies Act 2016 and its subsidiary legislation, Malaysian Code of Corporate Governance 2017, Malaysian Code on Take-overs and Mergers 2016 and other relevant Acts and guidelines.
- Complex corporate law principles are clarified simply and succinctly and where relevant, with the good use of tables, diagrams and flowcharts.
- Contains a huge corpus of cases linking to key principles, highlighting the relevant facts and judicial pronouncements.
- Provides practical insights into understanding company law.
1. Registration and promotion of a company
2. Incorporation, legal personality and lifting of the corporate veil
3 Company’s constitution
4. Company contracts – relationship with third parties and the authority of agents
5. Share capital and capital raising
6. Dealings and transactions involving share capital
7. Loan capital and debentures
8. Members and ownership of shares
9. Shareholders’ meetings and the decision-making process
10. Directors: Governance role, powers and functions
11. Directors’ duties: Best interests of the company and proper purpose
12. Directors’ duty to avoid conflicts of interest and self-dealing
13. Duty of care, skill and diligence and liability during insolvency
14. Majority rule and minority protection – enforcing company’s rights and members’ rights
15. Reporting obligations of a company
16. Corporate rescue: Company voluntary administration and judicial management
17. Winding up