Case Background & Strategy

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If you are entering a shareholding arrangement — or in dispute over an existing one — the SHA is your first line of defence. NZSK Legal — led by Khoo Ai Theng — drafts and litigates SHAs.

Critical SHA Provisions NZSK Legal Drafts

• Reserved matter approvals (matters requiring unanimous or supermajority consent)
• Deadlock resolution mechanisms (Russian roulette, Texas shoot-out, third-party valuation)
• Pre-emption rights on transfers and new issues
• Drag-along and tag-along rights
• Call options, put options, and exit provisions
• Anti-dilution protection
• Information and inspection rights
• Restrictive covenants (non-compete, non-solicitation, confidentiality)
• Dispute resolution clauses

Frequently Asked Questions (FAQ Schema)

Q: Do I need a shareholders’ agreement in Malaysia?

A: Strongly recommended for all multi-shareholder companies. The constitution alone leaves critical commercial terms undocumented. NZSK Legal drafts comprehensive SHAs.

Q: Can I enforce a shareholders’ agreement?

A: Yes, as a contract under the Contracts Act 1950. Breach gives rise to damages, specific performance, and injunctive relief. NZSK Legal pursues all remedies.

Q: What if my SHA is silent on a dispute?

A: Statutory and common-law remedies apply, including section 346 oppression where company affairs are involved. NZSK Legal advises on available routes.

Q: Should my SHA have arbitration or litigation?

A: Depends on confidentiality preferences, enforcement considerations, and complexity. Arbitration offers privacy; litigation may offer faster interim relief. NZSK Legal advises on selection.

Q: How much does an SHA cost to draft?A: Standard SHA RM 8,000-25,000. Complex multi-party SHAs RM 25,000-60,000+. NZSK Legal provides fixed-fee SHA drafting.