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  • Video

    Welcome Remarks By Danial Mah Abdullah, Director-General Of Labuan Financial Services Authority At The Asian Captive Conference 2018 (Video)

    Welcome Remarks by Danial Mah Abdullah, Director-General of Labuan Financial Services Authority on Day 2 of the Asian Captive Conference 2018.
    MalaysiaFinance and Banking
    Labuan IBFC Inc
    Labuan IBFC Inc
  • Article

    SC Issues AGM CG Checklist To Enhance Shareholder Activism

    The Securities Commission Malaysia (‘SC') issued the Annual General Meeting Corporate Governance Checklist for Shareholders (‘AGM CG Checklist') ...
    MalaysiaCorporate/Commercial Law
    SKRINE
    SKRINE
Article

Breach Of Fiduciary Duty: Non-Disclosure To Board Of Directors

The employer-employee relationship is fiduciary in nature. This means that whenever an employer engages an employee, he trusts that the employee will faithfully discharge his service...
MalaysiaCorporate/Commercial Law
Lee Hishammuddin Allen & Gledhill
Lee Hishammuddin Allen & Gledhill
  • Article

    Vindicated From Allegations Of Breaches Of Duties – Directors Can Now Seek Indemnity For Legal Costs Incurred

    In the recent High Court decision of Tengku Dato' Ibrahim Petra bin Tengku Indra Petra v Petra Perdana Berhad [2020] 8 CLJ 109, the High Court had the opportunity to interpret subsections (3) and (4) of Section 289 ...
    MalaysiaCorporate/Commercial Law
    SKRINE
    SKRINE
  • Article

    Key Updates: Malaysian Code Of Corporate Governance 2021 (MCCG 2021)

    For the purpose of promoting good corporate governance, the Securities Commission releases updates on the Malaysian Code of Corporate Governance once every few years.
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    Corporate Tax Regulation Changes Puts Liabilities On Directors Of Malaysian Companies

    As the reporting deadline of 31 July 2019 approaches, directors of Malaysian companies need to be aware of their personal liabilities should their corporate tax submissions be late or inaccurate.
    MalaysiaCorporate/Commercial Law
    TMF Group BV
    TMF Group BV
  • Article

    Green Objects

    As COP26 ends in Glasgow, there could be growing pressure on companies to review their objects and for joint ventures to review their goals.
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    Director's Failure To Intervene: Breach Of Fiduciary Duty In The Context Of Insolvency

    A director owes fiduciary duties to a company to prevent the assets of the company from being depleted illicitly, especially when the company is insolvent.
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    Directors Beware: Indemnity In A Company's Constitution Is Not Foolproof

    The constitution (formerly known as articles of association) of companies in Malaysia generally contains an indemnity provision in favour of directors, indemnifying them against liabilities...
    MalaysiaCorporate/Commercial Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Are Directors Required To Exercise Due Diligence Under Malaysian Law?

    A company releases emissions into the air or builds a factory that pollutes a nearby river. The company is prosecuted in the criminal courts.
    MalaysiaCorporate/Commercial Law
    AmerBON
    AmerBON
  • Article

    Bursa Malaysia's Consultation Paper: Director's Appointment And Independence

    Consultation Paper No. 1/2021 on the Proposed Amendments to the Main Market and ACE Market Listing Requirements in relation to Director's Appointment and Independence.
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    The Rise Of ESG – Implications On The Duty To Act In The Best Interest Of The Company

    Under the laws of most jurisdictions, directors of a company are duty-bound to act in the best interest of the company. Traditionally, fulfilling this duty meant that directors would need to have regard...
    GlobalCorporate/Commercial Law
    Herbert Smith Freehills Kramer LLP
    Herbert Smith Freehills Kramer LLP
  • Article

    Clean Team Agreements: The Answer Behind Safeguarding Confidentiality In An Increasingly Competitive World?

    In the world of mergers and acquisitions ("M&A"), where sensitive information can make or break a deal, confidentiality is key. Clean Team Agreements...
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    What Are The Special Director's Duties When A Company Has Filed For A Restraining Order And Is Doing A Scheme Of Arrangement?

    The director owes a fiduciary duty and duty of care toward the company and the shareholders. Under the duty of care, the director is required to act in the best interest of the ...
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    Pocket Guide: Stamp Duty Compliance In Malaysia. Has Your Business Enhanced Its Policies?

    Previously, stamp duty compliance was a reactive exercise. It involved presenting a document for assessment and paying the duty determined by the authorities. Under the self-assessment regime, businesses must now be proactive, identify dutiable instruments, ascertain the applicable duty, and make payment without being prompted.
    MalaysiaCorporate/Commercial Law
    Shin Associates
    Shin Associates
  • Article

    Diving Into Board Diversity

    On 1 December 2020, the Nasdaq Stock Market LLC ("Nasdaq") proposed new listing requirements to the Securities and Exchange Commission ("SEC") which are aimed at advancing diversity...
    MalaysiaCorporate/Commercial Law
    SKRINE
    SKRINE
  • Article

    2021 Updates To The Malaysian Code On Corporate Governance

    Since the last revision in 2017, the Malaysian Code on Corporate Governance has been recently updated on 28 April 2021 ("MCCG 2021").
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    What Constitutes Frustrating An Offer Under The Malaysian Code Of Takeover And Mergers?

    The Rules set out the operative provisions applicable for various aspects of takeovers and mergers.
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    Limits To Adjudicators' Powers

    Our Tasha Lim discusses the High Court's decision in Cescon Engineers Sdn Bhd v Pesat Bumi Sdn Bhd and another case [2022] 9 MLJ 79 with respect to adjudicators' powers.
    MalaysiaReal Estate and Construction
    Gan Partnership
    Gan Partnership
  • Article

    Duties Of Directors For A Company Under PN17

    PN17 stands for Practice Note 17/2005 ("PN17") and it is a practice note that is issued by Bursa Malaysia in relation to listed issuers that are in financial distress.
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
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