The Annotated Malaysian Companies Act 2016, 2nd Edition

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The Annotated Malaysian Companies Act 2016, 2nd Edition by Cheah Foo Seong 

Author Cheah Foo Seong and a team of expert contributors
Publication Date Jul 2020
ISBN 9789672339670
Format
Hardcover + Ebook
Publisher Sweet & Maxwell

 

The Annotated Malaysian Companies Act 2016 provides invaluable section-by-section annotations to the Companies Act 2016, shedding insight on how the Act's provisions are applied and interpreted.

It was written by a small group of experienced practitioners and academics who have in-depth understanding of Malaysian company and corporate law. The Act's whole text is accompanied by high-quality annotations that are informative, practical, and authoritative, allowing for a confident grasp of the Act's workings.

Highlights of the second edition:

  • Division 8 Part III on corporate rescue mechanisms, as well as the Rules relating to voluntary arrangement and judicial management, go into effect.
  • Section 241's effect on the Registrar's demand that company secretaries register;
  • The Companies (Amendment) Act 2019 (Act A1065) made changes aimed at improving internal procedures of companies for more organised and effective governance, such as document execution, redemption of preference shares, power of company to alter capital, remuneration of auditors, and powers of receivers and managers on liquidation.
  • under the new section 580A of the Act, the court can require security for costs against a firm serving as plaintiff in any action or other proceeding;
  • Seacera Group Bhd v Dato' Tan Wei Lian & 6 Ors [2019] 4 AMR 491, which considered important legal issues on notice of general meeting of a public company; and Mohamed Zahid Yon bin Mohamed Fuad v Jason Jonathan Lo & Ors [2020] 1 AMR 744, in which the court clarified the interpretation of the new members' written resolution in the Act; and Mohamed Zahid Yon bin Mohamed Fuad v Jason Jonathan Lo & Ors
  • refers to the Malaysian Companies Commission's most recent Guidelines;
  • Within the discussion, new subsidiary legislation enacted under the Act is discussed.

KEY FEATURES:

  • The Act's section-by-section commentary is provided in a basic and simple way.
  • The commentary is backed up by numerous citations to case authorities.
  • The Companies (Amendment) Act of 2019 has been updated (Act A1065).
  • All defined terms have a direct cross-reference to the clause that contains the definition.
  • Clear page guides to aid the user in quickly and efficiently locating a certain section or Part of the Act.
  • A complete index is included for convenient access to the annotations.

TABLE OF CONTENTS of The Annotated Malaysian Companies Act

PART I  PRELIMINARY

PART II  FORMATION AND ADMINISTRATION OF COMPANIES

  • Division 1: Types of Companies
  • Division 2: Incorporation and Its Effects
  • Division 3: Restriction on Subsidiary Being Member of Its Holding Company
  • Division 4: Name of Company
  • Division 5: Constitution of a Company
  • Division 6: Conversion of Company Status
  • Division 7: Provisions Applicable to Certain Types of Companies
  • Division 8: Registered Office and Registers
  • Division 9: Execution of Documents

PART III  MANAGEMENT OF COMPANY

  • Division 1: Share and Capital Maintenance
  • Division 2: Members, Directors and Officers of Companies
  • Division 3: Accounts and Audit
  • Division 4: Indemnity and Insurance for Officers and Auditors
  • Division 5: Meetings
  • Division 6: Remedies
  • Division 7: Charges, Arrangements and Reconstructions and Receivership
  • Division 8: Corporate Rescue Mechanism

PART IV  CESSATION OF COMPANIES

  • Division 1: Voluntary and Compulsory Winding Up
  • Division 2: Provisions Applicable to Every Winding Up
  • Division 3: Winding Up of Unregistered Companies
  • Division 4: Striking Off and Management of Assets of Dissolved Companies

PART V  MISCELLANEOUS

  • Division 1: Foreign Companies
  • Division 2: Enforcement and Sanctions
  • Division 3: General Provisions
  • Division 4: Saving and Transitional

SUBSIDIARY LEGISLATION

INDEX

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