Members
Management Representative of CCM
Consultant
Secretariat
Working Group A
Working Group B
Working Group C
Working Group D
Working Group E
An Insight to Corporate Law reform In Malaysia
Reviewing The Traditional Concepts That Underlie The Working of Capital Raising
Reforming the Corporate Insolvency Regime
Reform Trends In Directors' Duties
1. Strategic Framework for the CLRC of CCM
2. On Capital Maintenance Rules and Share Capital: ...
3. Engagement with Shareholders
4. Company Liquidation - Reforms and Restatement of the Law
5. Clarifying And Reformulating The Directors’ Role And Duties
7. Creating a Conducive Legal and Regulatory Framework for Businesses
8. Capital Maintenance Rules and Share Capital
9. Substantial Property Transactions, Disclosure Obligations and Loans to Directors
10. Corporate Insolvency, Rehabilitation and Charges
11. Review of Criminal, Civil and Administrative Sanctions in A125
12. Auditors’ Roles and Responsibilities

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MEMBERS' RIGHTS AND REMEDIES

 
   

INTRODUCTION

The CLRC, in making its recommendations was guided by the principle that whilst companies are controlled by the majority shareholder, a balance must be struck between the majority shareholder’s right to control the company and the minorities’ right to be treated fairly.

This Consultation Paper focuses on the review undertaken by Working Group C of the CLRC on the following issues:

  • The Remedy for Oppression under section 181 of the Companies Act 1965
  • Statutory Derivative Action
  • Variation of Class Rights
  • The Remedy for Appraisal or Minority Buy-Out Rights and Exit-Out Clause in the Articles
  • Class Action
  • Statutory Injunction

The key recommendations made by the CLRC are the introduction of the statutory derivative action, the introduction of a statutory injunction to allow the regulatory authority or any aggrieved person to prevent breaches or contravention of the Companies Act, clarifying section 181 and recommending that the procedure for variation should be stated in the Companies Act itself.

We hope to receive views and comments on the recommendations stated in this Consultation Paper. Please reply to Nor Azimah Abdul Aziz of the Companies Commission of Malaysia (SSM) before 4 APRIL 2007.

Download consultation document "MEMBERS' RIGHTS AND REMEDIES" (.pdf)

 
   

 

 
   

Download Responses and Comments Received on Consultative Document Members’ Rights and Remedies (.pdf)