Monday, April 11, 2016

Features of the new Malaysia Companies Act 2016

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In a nutshell, the new Malaysian Companies Act 2016 will contain the following new features that were previously not available in the old Companies Act 1965-
  • Allowing unlimited capacity for companies;  
  • Single shareholder and single director companies;  
  • Removal of mandatory Annual General Meetings for private companies;  
  • Removal of the unanimity rule for written shareholder resolutions for private companies; 
  • Removal of the par value regime;  
  • New financial assistance treatment;  
  • New reduction of capital and share buy-back procedures;  
  • Increased oversight over directors' remuneration;  
  • Relaxation of restrictions against indemnification of directors; and  
  • Introduction of alternative corporate rescue mechanism e.g. corporate voluntary arrangement and judicial management schemes.

Monday, April 4, 2016

Dewan Rakyat approves Companies Bill 2015 and Interest Schemes Bill 2015

It has been reported here that the Dewan Rakyat has approved the Companies Bill that was tabled for a Second Reading this week. With this, it appears that the new companies legislation is on track to be enacted within 2016.

In the same vein the Interest Schemes Bill was also approved by the Dewan Rakyat on 4th April 2016.