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ARTICLE · 13 SEPTEMBER 2022

Director's Duties In Malaysia

The legal system in Malaysia recognized companies as separate legal personalities from its officers, directors or shareholders.

MalaysiaCorporate/Commercial Law

1.Introduction

The legal system in Malaysia recognized companies as separate legal personalities from its officers, directors or shareholders. The separation renders certain actions (in the event of default) taken against the company alone and not against its directors.1

The above principle is known as the doctrine of separate legal entities which imply the existence of "corporate veil" that gives the distinction between the company as one entity and its Directors as another separate entity. As much as this principle may sound like a safeguarding shield for a company's Directors, in certain situations, as precedented, the law could lift or pierce through the corporate veil and hold the Directors accountable for the default committed by him/her within the company.

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