The Company Constitution by Chen Thim Wai
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The Company Constitution by Chen Thim Wai and Chen Siew Thong
|Author||Chen Thim Wai and Chen Siew Thong|
|Publication Date||Sep 2018|
||Softcover + Ebook|
|Publisher||Sweet & Maxwell|
A company's constitution is at the heart of its operations, and the Company Constitution offers a succinct, practical reference to it. This book gives information on company constitutions in the new statutory system under the Companies Act 2016. It is divided into six chapters. It clarifies the company constitution for professionals working in Malaysian firms, both before and after the Companies Act 2016 went into effect.
The book aids in the transition from the old to the new statutory framework that governs businesses. It discusses how the old Table A (Companies Act 1965) provisions affect the new statutory environment and recommends provisions that can be changed, modified, or adopted while remaining compliant with the new law's requirements. Table A items with identical or equivalent Replaceable Rules in the new Act are given helpful discussion. A comparison of Replaceable Rules and Table A entries that are same or similar adds value to the text.
This book is a useful tool for corporate people and professionals, such as company secretaries, directors, accountants, legal advisers, and bankers, as it provides a practical grasp of both old and modern company constitutions. It is also appropriate for law students as well as non-legal students who are pursuing corporate law courses. In a word, it will be an invaluable resource for everyone who is interested in or works with businesses.
KEY FEATURES of The Company Constitution:
- Explains with clarity the essential requirements for company constitutions
- Provides in-depth study on company constitutions supported by relevant statutory provisions and leading local and foreign case law
- Identifies Replaceable Rules in the Companies Act 2016, providing guidance on how they may be customised to form valid company constitutions
- Contains a wealth of practical expertise and know-how to provide invaluable direction in implementing the new law including the use of the novel Written Resolution procedure
- Written by authors with deep practical and academic experience of Malaysian company law
About the Authors
For more than 30 years, Chen Thim Wai has been a practising lawyer. He graduated from Monash University with a Bachelor of Economics and an LLB from the Australian National University. Thim Wai is the author of The Law on Shareholders' Meetings - AGM & EGM (2012) and Guide to Table A – Articles of Association (2012). (2014). Corporate Voice (a MAICSA magazine publication) and Tax Guardian have both published his work (CTIM journal publication). He recently finished his LLM (by research) at Universiti Utara Malaysia and successfully defended his thesis, “The Application of the Companies Act 2016 to Minority Shareholders in Private Companies”.
Chen Siew Thong was called to the Bar and admitted to the High Court of Malaya as an Advocate and Solicitor. Family, Land, Tenancy, Contractual Disputes, Corporate and Construction Law Disputes, Judicial Reviews, Medical Negligence, Defamation, and Debt Recovery Claims are among his areas of practise. He has testified in lower courts, as well as the High Court and the Court of Appeal. He has had the honour of assisting in Syariah court hearings concerning the distribution of family property and cross-examination of expert accounting witnesses. Siew Thong has also been certified as a solo mediator by the Accord Group in Australia. He is currently pursuing a Master's degree in Business Law at Universiti Kebangsaan Malaysia.
CONTENTS of The Company Constitution
1 - The Constitution Under the Companies Act 2016
2 - The Constitution and Existing Private Companies
3 - Alteration of the Constitution
4 - The Constitution and New Private Companies
5 - Replaceable Rules
6 - Table A Regulations and the Replaceable Rules
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