Many of us have heard of freezing orders being enforced in Malaysia and may even know of people with ‘frozen assets’. There are various reasons why one would want to freeze the assets of another.
In a company, if a meeting has been called and agreed upon, who then has the authority to adjourn the said meeting?
There seems to be a (mis)presumption that you need 10% of the shares of the company in question to call for a meeting. Section 314 of the Companies Act 2016 however does not expressly prescribe such a requirement.
Following the abolition of the common law rule of self-help, landowners were left with a quandary where the only way to seek repossession of land from trespassing squatters was to initiate a civil action to obtain an order for repossession of land.
An indemnity is a security or assurance to be compensated for damages, loss, and liability. An indemnity clause or agreement is a contractual agreement between two parties whereby one party agrees to pay for potential losses or damages incurred by another party.
Given the shareholders’ lack of control over their company, shareholders often enter into shareholders’ agreements to regulate their conduct and define their duties and obligations in the running of their company. What happens when a shareholder breaches a shareholders’ agreement?
Have you ever signed a contract that is less than 10 pages? Would you read all of the clauses in the 10 pages or more contract?
Think of the modes of commencement of legal proceedings as motor vehicles. If obtaining judgment was a destination, the type of car you’d use would be your mode of commencing proceedings. The two general modes to initiate court proceedings are by Writ of Summons and an Originating Summons.
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As Lord Griffiths once said, “The primary purpose of the limitation period is to protect the defendant from the injustice of having to face a stale claim.” The Limitation Act imposes a time frame within which individuals are to bring their claim and/or to give notice of their claim to the other party. This mechanism…
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As a starting point to any civil litigation, a prospective Plaintiff should always be aware of the limitation period of its civil action. In other words, a prospective Plaintiff should ask him/herself the question: “Is my civil action filed too late or too early?” If the Court finds that proceedings have commenced too early, the…