Malaysia Company Law: Principles and Practices, 3rd Edition


Author: Professor Dr Aiman Nariman binti Mohd Sulaiman & Effendy bin Othman
ISBN: 9789672875000
Published: Nov 2021
Format: Soft Cover
Country: Malaysia

Category: Product ID: 9234


The Malaysia Company Law: Principles and Practices, 3rd Edition provides a detailed analysis of the core company law principles, incorporating amendments in 2019 to the Companies Act 2016. The materials cover the extensive number of reported cases with extracts of significant dicta and relevant statutory provisions, combining the discussion of the Companies Act 2016 and the previous Companies Act 1965. Together with the thoughtful use of tables, diagrams, and flowcharts, this publication enables readers to engage in a critical examination of the law as it is and as it ought to be

Key Features & Benefits

  • Includes all the relevant and latest provisions relating to the Companies Act 2016 and its subsidiary legislation, Malaysian Code of Corporate Governance 2021, Malaysian Code on Takeovers and Mergers 2016, Bursa Malaysia Listing Requirements, and other relevant Acts and guidelines
  • Complex corporate law principles are clarified simply and succinctly and where relevant, with the good use of tables, diagrams, and flowcharts
  • Contains a huge corpus of cases linking to key principles, highlighting the relevant facts and judicial pronouncements
  • Provides practical insights into understanding company law by way of contextual application of the law and industry practice, with insights for assisting companies incorporated under the former Companies Act 1965 to adapt to the Companies Act 2016

Topics Covered

  • Registration and promotion of a company
  • Incorporation, legal personality, and lifting of the corporate veil
  • Company’s constitution
  • Company contracts – relationship with third parties and the authority of agents
  • Share capital and capital raising
  • Dealings and transactions involving share capital
  • Loan capital and debentures
  • Members and ownership of shares
  • Shareholders’ meetings and the decision-making process
  • Directors: Governance role, powers, and functions
  • Directors’ duties: Best interests of the company and proper purpose
  • Directors’ duty to avoid conflicts of interest and self-dealing
  • Duty of care, skill, diligence, and liability during insolvency
  • Majority rule and minority protection – enforcing the company’s rights and members’ rights
  • Reporting obligations of a company
  • Compromise and arrangement under s 366, Companies Act 2016
  • Corporate rescue: Company voluntary administration and judicial management
  • Company winding up, dissolution, and striking off

About the Authors

Professor Dr. Aiman Nariman binti Mohd Sulaiman graduated from the International Islamic University Malaysia (IIUM) in 1993 with First Class Honours and subsequently obtained her Masters’s in Comparative Law in 1994. She graduated with a doctoral degree (SJD) from Bond University, Australia in 2000 with a thesis on the enforcement of corporate law. Her wider research interests are on regulatory techniques and enforcement strategies in corporate law and governance.
She has been a visiting professor at the School of Law, Bond University, and Fakultas Hukum, Universitas Indonesia. She has served as a member of the IIUM Audit Committee, and the Listing Committee of Bursa Malaysia and is currently a member of the Bursa Malaysia Markets Participants Committee and MIA Ethics Standards Board.  She is attached to the Faculty of Law, IIUM, and has been a faculty member since 1994. She was also the author of Commercial Applications of Company Law in Malaysia by Wolters Kluwer.

Effendy bin Othman graduated with First Class honors in law from the International Islamic University Malaysia. He also holds a Master’s Degree in Law from the London School of Economics and Political Science and the University of Cambridge respectively. He is the General Counsel of Bank Islam Brunei Darussalam Berhad.  Effendy is the co-author of the Malaysian chapter on Asian Conflict of Laws: East and South East Asia by Wolters Kluwer (2015) and the lead author for the Malaysian section of the Global Perspectives on the Hague Principles chapter of the Choice of Law in International Commercial Contracts (2021 — Oxford University Press).


There are no reviews yet.

Be the first to review “Malaysia Company Law: Principles and Practices, 3rd Edition”

Your email address will not be published. Required fields are marked *