Company Law

Under section 227 of the Companies Act 2016, a company may not make any payment to a director as compensation for loss of office, or as consideration for retirement, unless particulars of the proposed payment are disclosed to members and the payment is approved at a general meeting. A payment made in breach is deemed

The Companies Act 2016 contains no general power to suspend a director from office. A suspension is only lawful if it is grounded in the company’s constitution, a shareholders’ resolution contemplated by the constitution, or — in the case of an executive director — the terms of their service contract. Purported suspensions without such a

A director of a Malaysian company may generally resign by giving written notice to the company, and the resignation takes effect in accordance with the constitution or the terms of the notice. However, under section 208 of the Companies Act 2016, a director cannot resign or vacate office if doing so leaves the company without

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

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

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

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

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?

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

International shareholder disputes are among the most demanding in commercial litigation. NZSK Legal — led by Khoo Ai Theng — handles the Malaysian dimension with foreign counsel coordination. Cross-Border Strategy by NZSK Legal Frequently Asked Questions Q: Can I enforce a foreign court judgment in Malaysia? A: Yes, where the foreign court is a Reciprocal