Sometimes, the real difficulty in shareholder disputes is not the fight itself, but what happens to the company while the fight continues. This is especially so where board deadlock begins affecting ordinary operational decisions necessary to keep the business running. This note is intended as a high-level discussion of general principles and not legal advice. Deadlock A company’s direction and functions are usually shaped by 3 groups: its shareholders, directors and execut

Why Authority to Act Matters Adequate documentation of a solicitor’s authority to act in Malaysia is often treated as routine. In practice, it is rarely questioned. But when it is, the consequences can be severe. If authority is successfully challenged, steps taken in the proceedings may be set aside and, in some cases, the entire action may be rendered a nullity. The Legal Position on a Solicitor's Authority to Act The position in Malaysia on a solicitor's authority to act

A “right of first refusal” sounds simple enough. One party must first offer an opportunity to the other before dealing with outsiders. In...

A one-page visual guide to the Malaysian civil court process, from letter of demand to final judgment. (by Elisa Ng) Understanding how a...