Malaysia Company Law: Principles and Practices, 3rd Edition

Author: Aiman Nariman Mohd Sulaiman; Effendy Othman
Publisher: CCH Malaysia
ISBN: 9789672875000
Published In: November 2021
Format: Paperback
Jurisdiction: Malaysia ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description
Contents
Author

Details

The Malaysia Company Law: Principles and Practices, 3rd Edition provides a detailed analysis of the core company law principles, incorporating amendments in 2019 to the Companies Act 2016. The materials cover 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 2021, Malaysian Code on Take-overs and Mergers 2016, Bursa Malaysia Listing Requirements 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 by way of contextual application of the law and industry practice, with insights for assisting companies incorporated under the former Companies Act 1965 to adapt to the Companies Act 2016

Topics Covered

Registration and promotion of a company
Incorporation, legal personality and lifting of the corporate veil
Company’s constitution
Company contracts – relationship with third parties and the authority of agents
Share capital and capital raising
Dealings and transactions involving share capital
Loan capital and debentures
Members and ownership of shares
Shareholders’ meetings and the decision-making process
Directors: Governance role, powers and functions
Directors’ duties: Best interests of the company and proper purpose
Directors’ duty to avoid conflicts of interest and self-dealing
Duty of care, skill and diligence and liability during insolvency
Majority rule and minority protection – enforcing company’s rights and members’ rights
Reporting obligations of a company
Compromise and arrangement under s 366, Companies Act 2016
Corporate rescue: Company voluntary administration and judicial management
Company winding up, dissolution and striking off

Professor Dr Aiman Nariman binti Mohd Sulaiman graduated from the International Islamic University Malaysia (IIUM) in 1993 with First Class Honours and subsequently obtained her Masters in Comparative Law in 1994. She graduated with a doctoral degree (SJD) from Bond University, Australia in 2000 with a thesis on the enforcement of corporate law. Her wider research interests are on regulatory techniques and enforcement strategies in corporate law and governance.
She has been a visiting professor at the School of Law, Bond University and Fakultas Hukum, Universitas Indonesia. She has served as a member of IIUM Audit Committee, the Listing Committee of Bursa Malaysia and is currently a member of Bursa Malaysia Markets Participants Committee and MIA Ethics Standards Board. She is attached to the Faculty of Law, IIUM and has been a faculty member since 1994. She was also the author for Commercial Applications of Company Law in Malaysia by Wolters Kluwer.

Effendy bin Othman graduated with First Class honours in law from the International Islamic University Malaysia. He also holds Masters’ Degree in Law from the London School of Economics and Political Science and University of Cambridge respectively. He is the General Counsel of Bank Islam Brunei Darussalam Berhad. Effendy is the co-author for the Malaysian chapter on Asian Conflict of Laws: East and South East Asia by Wolters Kluwer (2015) and the lead author for the Malaysian section of the Global Perspectives on the Hague Principles chapter of the Choice of Law in International Commercial Contracts (2021 — Oxford University Press).