Lee & Lee’s Shareholders’ Remedies in Malaysia is a comprehensive and practical treatment dedicated exclusively to shareholders’ remedies under Malaysian law. It examines the principal statutory remedies available to shareholders, together with the developing body of Malaysian jurisprudence and relevant Commonwealth authorities.
Drawing upon the authors’ experience in conducting the resolution of shareholder disputes, the book combines rigorous legal analysis with practical guidance on the procedural and strategic considerations that frequently influence the selection and conduct of shareholders’ remedies.
This illuminating book examines the legal framework governing shareholders’ rights under Malaysian company law, focusing on the mechanics of members’ meetings and resolutions, alongside the protocols for the removal and suspension of directors. It provides a deep dive into vital corporate litigation mechanisms, including the oppression remedy to protect the rights of aggrieved and prejudiced shareholders, statutory derivative actions to address wrongs against the company, and the ultimate recourse of a just and equitable winding up. Finally, the book addresses preventative and alternative dispute resolution measures by exploring the application of statutory injunctions and the evolving legal landscape surrounding the arbitrability of company law disputes.
The book combines the provisions of the Companies Act 2016 with Malaysian case law and relevant Commonwealth authorities, and the sections on litigation strategy reflect the practical orientation adopted by the authors. This is a book written by practitioners for the working needs of litigation practitioners, corporate lawyers, company secretaries, in-house counsel, insolvency practitioners, judges, arbitrators, academics and law students.
KEY FEATURES:
- Comprehensive coverage of Malaysian law on shareholders’ remedies.
- Critical examination of the practical application of the various remedies supported by Commonwealth jurisprudence.
- Clear summary and statement of leading authorities.
- Careful consideration of statutory requirements.
- Presentation of shareholders’ remedies as an interconnected body of law.
- Close focus on procedural considerations and strategic consequences.
- Valuable hands-on knowledge of experienced corporate litigators.
| Chapter | Contents |
|---|---|
| Chapter 1 | Introduction: Shareholders’ Remedies in Malaysia |
| Chapter 2 | Basic Rights of Shareholders |
| Chapter 3 | Members’ Meetings and Resolutions |
| Chapter 4 | Removal and Suspension of Directors |
| Chapter 5 | Division of Management Powers between Shareholders and the Board |
| Chapter 6 | Oppression Remedy |
| Chapter 7 | Derivative Action |
| Chapter 8 | Just and Equitable Winding Up |
| Chapter 9 | Statutory Injunction |
| Chapter 10 | Arbitrability of Company Law Disputes |
About The Authors:
Lee Shih is the Managing Partner of Lim Chee Wee Partnership. He has over 20 years’ experience in company law litigation, contentious restructuring and insolvency, and fraud and asset recovery. He has appeared as lead counsel at all levels of the Malaysian courts in a wide range of shareholder disputes. Lee is recognised by Chambers Asia-Pacific and The Legal 500 Asia Pacific as a leading practitioner in dispute resolution. He is also a member of the International Insolvency Institute.
He is a co-author of Companies Act 2016: The New Dynamics of Company Law in Malaysia and contributed the “Companies and Securities” chapter to Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings.
Jessie Lee Suan Cui is a corporate and commercial litigator with over six years’ experience at the Malaysian Bar after graduating from University of Malaya. She is a senior associate with Lim Chee Wee Partnership. Her areas of practice include corporate and shareholder disputes, restructuring and insolvency work, fraud and asset recovery and international arbitration. She has acted in a wide range of shareholder disputes.
Suan Cui is the co-author of the textbook Interlocutory Applications in Malaysia (Sweet & Maxwell, 2022), and contributed the chapter on “Companies and Securities” in Bullen & Leake & Jacob’s Malaysian Precedents of Pleadings.
