Section 214 of the Companies Act 2016 provides that a director who makes a business judgment is deemed to meet the duty of care, skill and diligence if the judgment is made in good faith for a proper purpose, without material personal interest, informed to the extent the director reasonably believes appropriate, and in the
The Business Judgment Rule in Malaysia: Section 214 Explained Read More »
Removing a Director of a Public Company in Malaysia: Special Notice and Procedure A director of a public company in Malaysia may only be removed before the expiry of their term by ordinary resolution at a general meeting, and special notice of the resolution is required under section 206(3) of the Companies Act 2016. Unlike
Removing a Director of a Public Company in Malaysia: Special Notice and Procedure Read More »
What’s the Difference? People often use unfair dismissal and wrongful termination interchangeably, but in Malaysia they describe two different legal routes with different remedies. Understanding the distinction helps you choose the right path after losing your job. What is unfair dismissal? Unfair dismissal is a statutory claim under Section 20 of the Industrial Relations Act
Unfair Dismissal vs Wrongful Termination in Malaysia Read More »
Unfair dismissal is one of the most searched employment law topics in Malaysia, and for good reason. Many employees are let go without ever being told a proper reason, and assume there is nothing they can do. In reality, Malaysian law gives workers strong protection against being sacked unjustly. This guide explains what unfair dismissal
What Is Unfair Dismissal in Malaysia? Read More »
Shadow ownership structures create complex disputes. NZSK Legal — led by Khoo Ai Theng — handles beneficial ownership claims with the discretion they require. Nominee Dispute Strategies by NZSK Legal Frequently Asked Questions Q: Are nominee shareholdings legal in Malaysia? A: Yes, but must be properly documented. Disputes arise where documentation is insufficient or beneficial
Sham Director Arrangements and Nominee Shareholders in Malaysia Read More »
When facing an oppression petition, the legal threshold is high — and NZSK Legal — led by Khoo Ai Theng — knows how to make the petitioner meet it. NZSK Legal’s Section 346 Defence Strategy Defence 1: Characterisation Following ISM Sendirian Berhad v Queensway Nominees [2025] FCA, argue dispute concerns private SHA matter, not company
How to Defend Against Minority Oppression Claims in Malaysia Read More »
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 Frequently Asked Questions Q: Do I need a shareholders’ agreement in Malaysia?
Shareholders’ Agreement Drafting and Disputes in Malaysia Read More »
NZSK partner Khoo Ai Theng meets MyCC Chief Executive Officer YBhg. Datuk Haji Iskandar Ismail and the Appeal and Legal Advisory Division to exchange views on the Competition Act 2010 and competition law policy in Malaysia.
Courtesy Visit to the Malaysia Competition Commission (MyCC) Read More »
One of the most contested questions in Malaysian employment law is whether a fixed-term contract is genuine or merely permanent employment dressed up in temporary clothing. The distinction is decisive: if the contract is genuinely fixed-term, its expiry by effluxion of time is not a dismissal at all, and the question of just cause or
Genuine Fixed-Term Contract: No Dismissal on Expiry Read More »
Information is power in shareholder disputes. NZSK Legal — led by Khoo Ai Theng — enforces inspection rights through statutory routes and section 346 oppression remedies. Documents NZSK Legal Pursues Frequently Asked Questions Q: What inspection rights do shareholders have in Malaysia? A: Statutory rights to inspect registers, financial statements, and minutes. Broader inspection requires
Shareholder Inspection Rights in Malaysia: Section 245 CA 2016 Read More »
'%3E%3Cpath%20stroke='%23000'%20stroke-width='4'%20d='m-35-37-13%2020m5%203%2013-20m5%203-13%2020m63%2042%206-9m1-2%206-9m5%203-6%209m-1%202-6%209m5%203%206-9m1-2%206-9m-96%200%2013%2020m5-3-6-9m-1-2-6-9m5-3%2013%2020m63-42-6-9m-1-2-6-9m5-3%2013%2020m5-3-6-9m-1-2-6-9'/%3E%3Ccircle%20r='24'%20fill='%23cd2e3a'/%3E%3Cpath%20fill='%230047a0'%20d='M0%200a12%2012%200%201%201%2020%2013%2024%2024%200%201%201-40-26A12%2012%200%201%200%200%200'/%3E%3C/g%3E%3C/svg%3E){kind=small}
