Malaysia’s company law landscape was modernised with the implementation of the Companies Act 2016. Directors, shareholders, officers and insolvency practitioners must be aware of their duties, powers and liabilities under the new law.
Directors may be exposed to potential liabilities under statutory provisions and common law. Aggrieved shareholders have statutory remedies for convening meetings, bringing oppression actions, initiating derivative actions and pursuing winding up petitions. We advise shareholders and directors in initiating and defending these proceedings.
Increasingly, shareholders' disputes have to consider the interplay between statutory remedies and arbitral relief by virtue of arbitration clauses in shareholders' agreements. More complex corporate structures also traverse different jurisdictions. We act for clients in navigating the intricacies of corporate litigation in the courts, arbitration procedures and take into account cross-border considerations.