Case Background & Strategy

Main Content

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

• Declaration of trust establishing beneficial ownership
• Order for transfer of legal title
• Account of dividends received by nominee
• Damages for breach of fiduciary duty
• Piercing corporate veil where company used as sham
• Tracing claims where assets dissipated

Frequently Asked Questions (FAQ Schema)

Q: Are nominee shareholdings legal in Malaysia?

A: Yes, but must be properly documented. Disputes arise where documentation is insufficient or beneficial owner’s interests are abused. NZSK Legal handles both drafting and disputes.

Q: How do I prove beneficial ownership of shares?

A: Documentary evidence: trust declarations, payment of consideration, course of dealing, contemporaneous communications. NZSK Legal compiles this systematically.

Q: Can I get my shares back from a nominee?

A: Yes, through declaration of trust and order for transfer. NZSK Legal pursues the appropriate trust law remedies.

Q: What if my nominee has sold the shares?

A: Tracing claims and damages for breach of fiduciary duty. NZSK Legal pursues recovery from third-party purchasers where appropriate.

Q: Can the court pierce the corporate veil?

A: In limited cases — where the company is used as a sham or to defeat claims. Modern Malaysian courts apply this sparingly. NZSK Legal advises on prospects.