A company which fails to its debts when they fall due could be wound up by its creditors. Usually, this process beings when the company is served a notice of demand pursuant to Section 466 of the Companies Act 2016…
When cheques are issued to you, there will always be a risk of that cheque being dishonoured by the drawer of the bill. And that is regardless of whether you are dealing with a bank or even a long-time friend.
Did you know that when you file a claim in court, you (as the plaintiff) are not only expected to prove the defendant’s liability, but to also prove the losses suffered due to the defendant’s actions or conduct?
In this article, let’s discuss the other side of consumerism where consumers are equipped with the knowledge of their rights and seek to protect themselves from unscrupulous suppliers or manufacturers.
There are generally two matters to be looked into when determining whether a mere proclamation of emergency affects the performance of a contract, (i) the contractual provisions, and (ii) the legal doctrine of frustration.
Modern-day commercial cases are quickly becoming more technical in nature. Litigating parties often find themselves having to bring in experts to provide opinions on various technical aspects.
‘He who comes into equity must come with clean hands’ is an established principle in equity, commonly known as the clean hands doctrine. Whilst it is established that the clean hands doctrine bars the winding up of companies on just and equitable grounds, its applicability in oppression suits is less clear.
What is a Without Prejudice Letter? Well, it is literally a letter with a small part somewhere on the document labelled “Without Prejudice”.
A shareholders’ agreement (“SHA”) is an agreement that governs the relationship between shareholders of a company. Malaysian laws do not require shareholders to have an SHA – however, it may be prudent to have one to set out as even the best of business partners have falling out.
When a director tenders his/her resignation, Section 208(2) of the Companies Act 2016 provides that a director may resign by giving written notice to the company at the registered office. The question then arises — is the director’s resignation effective on the date of the written notice or must there be an acknowledgement on the part of the company?