Case Commentaries: Suit Against Boustead Ex Directors – Analysis of Business Judgement Rule
[A] INTRODUCTION With the recent announcement from Boustead Holdings Bhd that it had file a suit against its former managements for negligence; breach of fiduciary duties under the Companies Act 1965 and is seeking a sum of £6.4 million (RM35.37 million current value)1, this article will provide an insight as to directors’ duties and principle of exercise …
Legal Aspects for Online Transactions
Introduction Online trade transaction, or in its current and commonly-used term, e-commerce, broadly refers to commercial activity conducted with the aid of electronic devices. E-commerce generally refers to electronic business transactions or trades which are wholly or partially conducted over the internet.[1] As e-commerce grows and becomes a more viable and, to a certain extent, …
Securities Commission Issues New Guidelines on Corporate Governance
Chapter 15 of the Listing Requirement sets out the requirements that must be complied with by a listed issuer and its directors of listed issuers and their subsidiaries in relation to corporate governance.
ROMANIA: COPYRIGHT PERSPECTIVE – LEGAL NATURE OF VIDEO GAMES
Introduction Video games are a form of modern art and certainly number among the most recent forms of creative arts[1]. The major difference between video games and traditional art is the active, rather than passive, participation of the recipient of the art in the process of its delivery. With over 100 active development studios, the …
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A Critical Benefit of the Maltese Maritime Flag: Court-Approved Private Sales
The continued success of the Maltese Maritime Flag can be greatly attributed to the protection given to financiers and creditors of vessels registered under the Maltese Flag.A ‘judicial sale’, as defined by Lief Bleyen, is the “sale of a ship by a competent authority by way of public auction or private treaty…by which Clean Title …
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National Assembly Announces Major Accident Punishment Act
On January 8, 2021, the National Assembly passed new legislation titled the Major Accident Punishment Act (MAPA) as part of its initiative to demand greater accountability from corporate actors in the event of a large-scale accident. The MAPA’s legislative objective is to set forth more specific parameters on the management’s responsibility to ensure occupational health …
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The Torts of Conspiracy to Injure
What is a civil conspiracy in law? According to the Court of Appeal in Renault SA v Inokom Corp Sdn Bhd & Anor [2010], the main elements of tort of conspiracy that need to be satisfied are as follows:
Strategic Trade Act: Requesting a Technical Review on an Item That Might Be Wrongly Classified
Introduction In order to export, tranship or bring in transit a strategic item, a permit is required. This is in accordance with section 9(1) of the Strategic Trade Act 2010 (“STA 2010”), where it states that “no person shall export, tranship or bring in transit strategic items unless he obtains a permit issued under this …
Shareholders Convening Extraordinary General Meeting: Can The Costs Be Recovered?
Who can convene an extraordinary general meeting?
Legal Issues in Waste to Energy Projects in Malaysia
In the era of modern technology we are living in today, the proverb of “one man’s trash is another man’s treasure” has never been truer than ever. With the discovery by scientists and experts of the law of conservation of energy – where energy can neither be created or destroyed, by using modern technology, we …
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