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Konsep syarikat, konsep tirai perbadanan dan pengecualiannya, jenis-jenis sya...
Please do check Companies Act 2016 yeah :)
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Lien and lien holder's caveat
The document discusses liens and lien holder's caveats under Malaysian land law. It provides definitions and discusses key cases that have helped define:
- What constitutes a valid lien under section 281 of the National Land Code, including whether the loan can be to a third party rather than just the registered proprietor.
- The effect of a lien holder's caveat, including that it has a similar prohibitive effect as a private caveat in preventing subsequent dealings on the land.
- Issues around who can create and enter a lien holder's caveat, as well as the requirements and procedures around creating and removing caveats. Cases have found equitable rights can still exist even if statutory requirements are not fully met.
Limited Liability Partnership
This document provides an introduction and comparison of limited liability partnerships (LLPs) and basic partnerships. Some key points:
1. LLPs were introduced to provide more flexibility for business organizations while maintaining limited liability for partners. They combine features of partnerships and companies.
2. Unlike partnerships, LLPs have separate legal personality and partners have limited liability. However, partners are still liable for their own wrongful acts.
3. LLP registration requirements are simpler than for companies but more formal than basic partnerships. LLPs must also appoint a compliance officer.
4. LLPs can continue operating with one partner for a defined period, whereas partnerships require a minimum of two partners. LLP
3) lien holder caveat
A lien is a right to retain possession of property belonging to another person as security for payment of a debt. A lien is created in two stages: first, the proprietor or lessee deposits the land title or duplicate lease with a lender as security for a loan, creating an equitable lien. Second, the lender enters a lien-holder's caveat on the land title at the land office, creating a statutory lien. Key requirements for a valid lien are that the registered proprietor deposits the title with intent to secure a loan. While express consent is not needed to lodge a caveat, fraud in the creation of security can be an issue. A lien provides a speedy way for businessmen to raise money compared
law of contract
Partnership and company have key differences. A partnership is the relation between persons carrying on business together with a view of profit, governed by the Partnership Act 1961. A company is a separate legal entity registered under the Companies Act 1965. While a partnership consists of at least two partners with unlimited liability, a company has a legal personality separate from its members and shareholders have limited liability once shares are fully paid.
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Konsep syarikat, konsep tirai perbadanan dan pengecualiannya, jenis-jenis sya...
Please do check Companies Act 2016 yeah :)
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Lien and lien holder's caveat
The document discusses liens and lien holder's caveats under Malaysian land law. It provides definitions and discusses key cases that have helped define:
- What constitutes a valid lien under section 281 of the National Land Code, including whether the loan can be to a third party rather than just the registered proprietor.
- The effect of a lien holder's caveat, including that it has a similar prohibitive effect as a private caveat in preventing subsequent dealings on the land.
- Issues around who can create and enter a lien holder's caveat, as well as the requirements and procedures around creating and removing caveats. Cases have found equitable rights can still exist even if statutory requirements are not fully met.
Limited Liability Partnership
This document provides an introduction and comparison of limited liability partnerships (LLPs) and basic partnerships. Some key points:
1. LLPs were introduced to provide more flexibility for business organizations while maintaining limited liability for partners. They combine features of partnerships and companies.
2. Unlike partnerships, LLPs have separate legal personality and partners have limited liability. However, partners are still liable for their own wrongful acts.
3. LLP registration requirements are simpler than for companies but more formal than basic partnerships. LLPs must also appoint a compliance officer.
4. LLPs can continue operating with one partner for a defined period, whereas partnerships require a minimum of two partners. LLP
3) lien holder caveat
A lien is a right to retain possession of property belonging to another person as security for payment of a debt. A lien is created in two stages: first, the proprietor or lessee deposits the land title or duplicate lease with a lender as security for a loan, creating an equitable lien. Second, the lender enters a lien-holder's caveat on the land title at the land office, creating a statutory lien. Key requirements for a valid lien are that the registered proprietor deposits the title with intent to secure a loan. While express consent is not needed to lodge a caveat, fraud in the creation of security can be an issue. A lien provides a speedy way for businessmen to raise money compared
law of contract
Partnership and company have key differences. A partnership is the relation between persons carrying on business together with a view of profit, governed by the Partnership Act 1961. A company is a separate legal entity registered under the Companies Act 1965. While a partnership consists of at least two partners with unlimited liability, a company has a legal personality separate from its members and shareholders have limited liability once shares are fully paid.
Company Law I - Pre-incorporation Contract
The document discusses the legal status of pre-incorporation contracts under English common law and Malaysian company law. It provides an introduction and overview of key cases.
In English common law, pre-incorporation contracts are invalid and cannot be ratified by the company after incorporation. As such, outsiders who contract with promoters cannot enforce the contract or hold the company liable. Promoters are also not personally liable as a non-existent company cannot appoint agents. However, under Malaysian company law pre-incorporation contracts can be ratified, protecting outsiders and allowing them recourse against the company or promoters. The document analyzes several important cases to illustrate how these laws are applied.
Company Law I - Company Constitution
This document provides an overview of the constitution of a company under Malaysian law, focusing on the Memorandum of Association. It discusses the required contents of the Memorandum, including the name, objectives, capital structure, and liability clauses. It also examines how the Memorandum and Articles of Association can be altered, with the Memorandum generally being more difficult to amend due to its importance in defining the company's external relations. The document analyzes restrictions on altering the Memorandum and Articles, and the relationship between the two documents that together form the company's constitution.
lien
The document discusses the nature of liens under Malaysian law. It defines a lien as a right to retain possession of property belonging to another person until a debt owed is satisfied. A lien is a form of security interest created when a property owner deposits the original title document of their land with a lender as security for a loan. For a statutory lien to be valid, the lender must lodge a lien-holder's caveat on the land with the land office. The document analyzes several court cases that discuss issues such as how liens are created, whether consent is needed to lodge a caveat, and priority of liens over other interests like charges or judgments.
Company Law II - Maintenance of Capital
1. The document discusses key concepts relating to maintenance of capital in company law, including reduction of share capital, redemption of preference shares, financial assistance for acquiring shares, share buybacks, dividends, and the solvency test.
2. It summarizes landmark court cases that established principles for protecting shareholder and creditor interests during capital maintenance operations.
3. The document also outlines the procedures and legal requirements for various capital maintenance activities under the Companies Act 2016 and relevant case law. It traces the evolution of the law on financial assistance through amendments to the Act.
Bidang kuasa sivil mahkamah / Civil Jurisdictions of Courts in Malaysia (2018...
1. The document discusses the jurisdiction of various Malaysian civil courts, from the Magistrate Court up to the High Court. It outlines the monetary limits, subject matter limits, territorial limits, and appellate/revisionary jurisdiction of each court.
2. The High Court has unlimited original jurisdiction but is generally limited to cases exceeding RM1 million in value. It has appellate jurisdiction over subordinate courts and revisionary/referral jurisdiction to examine lower court decisions.
3. When determining the appropriate court, one must consider the monetary value of the claim, the subject matter, and whether the cause of action arose within the court's territorial limits based on the parties' location.
POSITION OF LOCUS STANDI IN MALAYSIA AND UNITED KINGDOM
CRIMINAL PROCEDURE: CRITICAL ANALYSIS AND VIEW REGARDING POSITION OF LOCUS STANDI IN MALAYSIA OVER THE YEARS IN COMPARISON WITH UNITED KINGDOM
MALAYSIAN LEGAL SYSTEM Sources of law english law part 2 s5 cla
The document discusses the application of English commercial law in Malaysia under Section 5 of the Civil Law Act 1956. It provides:
1) Section 5 allows for the reception of English commercial law in Malaysia, with the cut-off date depending on the state - either the date of enactment for some states or continuous reception for others.
2) The term "mercantile law generally" has been broadly interpreted by courts to include any English law connected to commercial transactions.
3) However, Section 5 does not allow for the reception of English land law in Malaysia.
Zainur Zakaria v Public Prosecutor
The appellant, a defense lawyer for Dato' Seri Anwar Ibrahim, filed a motion to disqualify two prosecutors based on supporting documents. The High Court judge held the motion was baseless and proposed holding the appellant in contempt of court. In a summary hearing, the appellant was found guilty and sentenced to 3 months imprisonment. The Federal Court allowed the appeal, finding that: (1) the appellant was justified in filing the motion, so there was no abuse of court process; (2) the contempt charge was not proven beyond a reasonable doubt; and (3) the appellant should have been granted an adjournment to fully prepare his defense, as denying this deprived him of a fair hearing.
Assignment law 603
The document discusses several key concepts in company law:
1) The doctrine of ultra vires states that any acts outside a company's object clause are void, though this has been modified by statute.
2) The rule in Foss v Harbottle establishes that the proper plaintiff for wrongs against a company is the company itself, not individual shareholders, unless an exception applies.
3) Exceptions to Foss v Harbottle allow minority shareholders to sue when acts are ultra vires, fraudulent, or where the wrongdoers control the company.
Underlying principles governing relationship between partners
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Company law share capital 2
The document discusses various aspects of a company's register of members and share certificates under the Malaysian Companies Act 2016.
It notes that companies have a duty to maintain an accurate register of members containing members' details. The register must be kept at the company's registered office but can be kept elsewhere in certain circumstances. The register is prima facie evidence of membership but not conclusive.
It also discusses when and how the register can be rectified if wrongful entries have been made, who can apply for rectification, and circumstances where the court may refuse rectification. Share certificates are discussed, including requirements for their content and issuance timelines. Share certificates provide prima facie evidence of share title but companies may be
Agriculture allowance and approved agriculture project
The document defines agriculture and approved agriculture projects. Qualifying agriculture expenditure includes clearing land, planting crops, and constructing roads, buildings, ponds, and irrigation systems on farms for approved projects. Agriculture allowance is provided at rates of 50%, 20%, or 10% for qualifying expenditures. If assets are disposed of within 5 years, an agriculture charge arises. An example calculates agriculture allowances and charges for a company over several years.
Article 9 freedom of movement-
Article 9 of the Malaysian Constitution guarantees citizens the freedom of movement within Malaysia. It prohibits banishment of citizens but this right is subject to limitations including laws relating to security, public order, health, and crime. The constitution does not guarantee rights to travel overseas or a right to a passport. While citizens have a right to move freely within Malaysia, the states of Sabah and Sarawak can control entry from other parts of Malaysia through immigration laws. Suspension of a driving license that limits freedom of movement is allowed under laws relating to public safety.
Lien Holder's Caveat
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Contemporary Legal Issues in Connection With Prospectus
The document discusses the legal requirements for prospectuses in Malaysia. It defines what a prospectus is and explains that the purpose of prospectus provisions is to balance investor protection with an efficient capital market. The key points are:
1) Malaysian law requires that all material information be disclosed in a prospectus to help investors make informed investment decisions.
2) The Capital Markets and Services Act 2007 and Securities Commission regulate the content and registration of prospectuses to ensure accuracy and prevent misrepresentation.
3) Section 235 of the CMSA specifies mandatory disclosures that must be included in a prospectus such as the date of issue and a disclaimer about Securities Commission responsibility.
Charge
This document provides an overview of security dealings recognized under the National Land Code 1965 in Malaysia, specifically charges or Torrens charges. It defines a charge as a security transaction where a landowner pledges their land as collateral for a loan. If the borrower defaults, the lender can foreclose and sell the land. The key requirements for creating a valid charge are using the prescribed statutory form and registering it with the relevant land office. The document outlines the differences between charges and common law mortgages, as well as restrictions and various cases related to charges under the National Land Code.
Capital Shares - Companies Act 2016
The document discusses several proposals by XY Biz Sdn Bhd to raise additional capital and vary existing share rights. It asks whether certain proposals amount to variations of class rights and what legal requirements must be followed.
The assistant analyzes each proposal under the Companies Act 2016 and determines that (1) issuing new preference shares, (2) cancelling existing preference share rights, and (3) introducing a provision on varying rights are variations requiring approval. For other proposals, approval may not be needed depending on the company constitution. The assistant advises on procedures to obtain necessary approvals from shareholders as required by law.
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Company Law I - Pre-incorporation Contract
The document discusses the legal status of pre-incorporation contracts under English common law and Malaysian company law. It provides an introduction and overview of key cases.
In English common law, pre-incorporation contracts are invalid and cannot be ratified by the company after incorporation. As such, outsiders who contract with promoters cannot enforce the contract or hold the company liable. Promoters are also not personally liable as a non-existent company cannot appoint agents. However, under Malaysian company law pre-incorporation contracts can be ratified, protecting outsiders and allowing them recourse against the company or promoters. The document analyzes several important cases to illustrate how these laws are applied.
Company Law I - Company Constitution
This document provides an overview of the constitution of a company under Malaysian law, focusing on the Memorandum of Association. It discusses the required contents of the Memorandum, including the name, objectives, capital structure, and liability clauses. It also examines how the Memorandum and Articles of Association can be altered, with the Memorandum generally being more difficult to amend due to its importance in defining the company's external relations. The document analyzes restrictions on altering the Memorandum and Articles, and the relationship between the two documents that together form the company's constitution.
lien
The document discusses the nature of liens under Malaysian law. It defines a lien as a right to retain possession of property belonging to another person until a debt owed is satisfied. A lien is a form of security interest created when a property owner deposits the original title document of their land with a lender as security for a loan. For a statutory lien to be valid, the lender must lodge a lien-holder's caveat on the land with the land office. The document analyzes several court cases that discuss issues such as how liens are created, whether consent is needed to lodge a caveat, and priority of liens over other interests like charges or judgments.
Company Law II - Maintenance of Capital
1. The document discusses key concepts relating to maintenance of capital in company law, including reduction of share capital, redemption of preference shares, financial assistance for acquiring shares, share buybacks, dividends, and the solvency test.
2. It summarizes landmark court cases that established principles for protecting shareholder and creditor interests during capital maintenance operations.
3. The document also outlines the procedures and legal requirements for various capital maintenance activities under the Companies Act 2016 and relevant case law. It traces the evolution of the law on financial assistance through amendments to the Act.
Bidang kuasa sivil mahkamah / Civil Jurisdictions of Courts in Malaysia (2018...
1. The document discusses the jurisdiction of various Malaysian civil courts, from the Magistrate Court up to the High Court. It outlines the monetary limits, subject matter limits, territorial limits, and appellate/revisionary jurisdiction of each court.
2. The High Court has unlimited original jurisdiction but is generally limited to cases exceeding RM1 million in value. It has appellate jurisdiction over subordinate courts and revisionary/referral jurisdiction to examine lower court decisions.
3. When determining the appropriate court, one must consider the monetary value of the claim, the subject matter, and whether the cause of action arose within the court's territorial limits based on the parties' location.
POSITION OF LOCUS STANDI IN MALAYSIA AND UNITED KINGDOM
CRIMINAL PROCEDURE: CRITICAL ANALYSIS AND VIEW REGARDING POSITION OF LOCUS STANDI IN MALAYSIA OVER THE YEARS IN COMPARISON WITH UNITED KINGDOM
MALAYSIAN LEGAL SYSTEM Sources of law english law part 2 s5 cla
The document discusses the application of English commercial law in Malaysia under Section 5 of the Civil Law Act 1956. It provides:
1) Section 5 allows for the reception of English commercial law in Malaysia, with the cut-off date depending on the state - either the date of enactment for some states or continuous reception for others.
2) The term "mercantile law generally" has been broadly interpreted by courts to include any English law connected to commercial transactions.
3) However, Section 5 does not allow for the reception of English land law in Malaysia.
Zainur Zakaria v Public Prosecutor
The appellant, a defense lawyer for Dato' Seri Anwar Ibrahim, filed a motion to disqualify two prosecutors based on supporting documents. The High Court judge held the motion was baseless and proposed holding the appellant in contempt of court. In a summary hearing, the appellant was found guilty and sentenced to 3 months imprisonment. The Federal Court allowed the appeal, finding that: (1) the appellant was justified in filing the motion, so there was no abuse of court process; (2) the contempt charge was not proven beyond a reasonable doubt; and (3) the appellant should have been granted an adjournment to fully prepare his defense, as denying this deprived him of a fair hearing.
Assignment law 603
The document discusses several key concepts in company law:
1) The doctrine of ultra vires states that any acts outside a company's object clause are void, though this has been modified by statute.
2) The rule in Foss v Harbottle establishes that the proper plaintiff for wrongs against a company is the company itself, not individual shareholders, unless an exception applies.
3) Exceptions to Foss v Harbottle allow minority shareholders to sue when acts are ultra vires, fraudulent, or where the wrongdoers control the company.
Underlying principles governing relationship between partners
P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Company law share capital 2
The document discusses various aspects of a company's register of members and share certificates under the Malaysian Companies Act 2016.
It notes that companies have a duty to maintain an accurate register of members containing members' details. The register must be kept at the company's registered office but can be kept elsewhere in certain circumstances. The register is prima facie evidence of membership but not conclusive.
It also discusses when and how the register can be rectified if wrongful entries have been made, who can apply for rectification, and circumstances where the court may refuse rectification. Share certificates are discussed, including requirements for their content and issuance timelines. Share certificates provide prima facie evidence of share title but companies may be
Agriculture allowance and approved agriculture project
The document defines agriculture and approved agriculture projects. Qualifying agriculture expenditure includes clearing land, planting crops, and constructing roads, buildings, ponds, and irrigation systems on farms for approved projects. Agriculture allowance is provided at rates of 50%, 20%, or 10% for qualifying expenditures. If assets are disposed of within 5 years, an agriculture charge arises. An example calculates agriculture allowances and charges for a company over several years.
Article 9 freedom of movement-
Article 9 of the Malaysian Constitution guarantees citizens the freedom of movement within Malaysia. It prohibits banishment of citizens but this right is subject to limitations including laws relating to security, public order, health, and crime. The constitution does not guarantee rights to travel overseas or a right to a passport. While citizens have a right to move freely within Malaysia, the states of Sabah and Sarawak can control entry from other parts of Malaysia through immigration laws. Suspension of a driving license that limits freedom of movement is allowed under laws relating to public safety.
Lien Holder's Caveat
This chapter is listed under Land Law II.
Containing:
1. Introduction
2. Creation & effect of LHC
3. Procedures to Enter LHC
4. Function of Registrar
5. Effect of LHC
6. Failure in caveating the land
7. Cancellation of LHC
Contemporary Legal Issues in Connection With Prospectus
The document discusses the legal requirements for prospectuses in Malaysia. It defines what a prospectus is and explains that the purpose of prospectus provisions is to balance investor protection with an efficient capital market. The key points are:
1) Malaysian law requires that all material information be disclosed in a prospectus to help investors make informed investment decisions.
2) The Capital Markets and Services Act 2007 and Securities Commission regulate the content and registration of prospectuses to ensure accuracy and prevent misrepresentation.
3) Section 235 of the CMSA specifies mandatory disclosures that must be included in a prospectus such as the date of issue and a disclaimer about Securities Commission responsibility.
Charge
This document provides an overview of security dealings recognized under the National Land Code 1965 in Malaysia, specifically charges or Torrens charges. It defines a charge as a security transaction where a landowner pledges their land as collateral for a loan. If the borrower defaults, the lender can foreclose and sell the land. The key requirements for creating a valid charge are using the prescribed statutory form and registering it with the relevant land office. The document outlines the differences between charges and common law mortgages, as well as restrictions and various cases related to charges under the National Land Code.
Capital Shares - Companies Act 2016
The document discusses several proposals by XY Biz Sdn Bhd to raise additional capital and vary existing share rights. It asks whether certain proposals amount to variations of class rights and what legal requirements must be followed.
The assistant analyzes each proposal under the Companies Act 2016 and determines that (1) issuing new preference shares, (2) cancelling existing preference share rights, and (3) introducing a provision on varying rights are variations requiring approval. For other proposals, approval may not be needed depending on the company constitution. The assistant advises on procedures to obtain necessary approvals from shareholders as required by law.
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Contemporary Legal Issues in Connection With Prospectus
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P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
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P/S : Hi, I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
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Pengenalan syarikat kuliah 4
- 13. Perkongsian Syarikat Formaliti Penubuhan Mudah dan murah Perjanjian perkongsian (nyata/tersirat) Formaliti berdasarkan Akta Syarikat Kompleks, melibatkan masa, tenaga dan wang Jumlah keahlian Min: 2 orang Mak: 20 orang Profesional: tiada had Min: 2 orang Mak: tiada had Persendirian: tidak lebih 50 Keupayaan memiliki harta Harta perkongsian =harta rakan kongsi (satu entiti) Harta syarikat adalah miliknya sendiri dan bukan milik ahli (entiti berasingan) Keupayaan berkontrak Pekongsi tidak boleh berkontrak dengan firma Ahli syarikat boleh berkontrak dengan syarikat Tanggungan hutang Tanggungan peribadi pekongsi tanpa had Hutang syarikat tanggungan syarikat dan bukan ahli Tindakan bagi prosiding undang-undang Atas nama pekongsi atau firma (Keadah 77 Peraturan Mahkamah Tinggi 1980) Atas nama syarikat Pembubaran dan penggulungan Melalui notis, kematian, kebankrapan, arahan mahkamah Digulung berdasarkan peuntukan dalam AS