Articles

CHANGES TO COMPANIES ACT POSITIVE

Written By: Afiq Isa

“The move to make directors or officers-in-charge liable is a dramatic one, as how do you make a decision between someone who intentionally commits a wrongdoing and those who are negligent? You must also balance the fact that if this is overdone, then good people may not want to serve on the board due to the exposure to personal liabilities,” said Mah-Kamariah & Philip Koh senior partner Philip Koh Tong Ngee..."

Read more : The Star, Business News Thursday 2 February 2017

REFORMING MALAYSIAN COMPANY LAW

Written By: Philip Koh

THE Companies Act 2016 (Act 777) and The Companies Commission (Amendment) Malaysia Act will come into operation on Jan 31 this year. There are two major exception provisions found in Division 8 (Corporate Rescue Mechanism) relating to corporate voluntary arrangement and judicial management (JM) which is pursuant to S.1(2) where the Minister “may appoint different dates for its coming into operation”.

Read more : The Star, Business News Saturday 21 January 2017

OF CONSTITUTION AND CONVENTIONS

Written By: Philip Koh

The Ruler must be allowed to make his judgment quietly, independently and in a dignified manner, as intended by the Constitution.

Read more : The Star, Business News Monday 1 September 2014

THE PROMISES AND PERILS OF NON-EXEC DIRECTORS

Written By: Philip Koh

WONG is invited to join a board of a company listed on Bursa Malaysia.

He welcomes this as an honour and is excited about the prospect of being held out as board member of a prestigious listed company. The promise of an annual remuneration ranging from RM40,000 to RM80,000 per annum also beckons. Wong welcomes it as additional income. Though not as high as in the United States, the remuneration signals that it is no mere honorarium.

Read more : The Star, Business News Saturday 26 April 2014

CONSTRUCTION LAW REFORMS

Why is the CIPAA delayed?

There are a variety of services provided by a plethora of professionals to a corporation. For example, rating agencies and analysts evaluate and provide some measure of assessment to credit worthiness and share value. But the debacle of the sub-prime crises and notorious failures have put in question the reliability of these agencies.

Read more : The Star, Business News Saturday 11 January 2014

RESPONSIBILITIES OF A CORPORATE SECRETARY

WHO is a gatekeeper? There are a variety of services provided by a plethora of professionals to a corporation. For example, rating agencies and analysts evaluate and provide some measure of assessment to credit worthiness and share value. But the debacle of the sub-prime crises and notorious failures have put in question the reliability of these agencies.

Read more : The Star, Business News Wednesday 23 October 2013

BUSINESS JUDGEMENT, CORPORATE DECISION MAKING

Board meetings are about decision making on a variety of matters. When a business judgment is mistaken or proven wrong leading to severe losses and damages, how are directors accountable under their burdensome duties of care and skill?

GROUP GOVERNANCE - DIRECTORS WITH MANY HATS

Group entities abound and directors find that their roles may intertwine and that while being a director at the holding board level, they may be nominated to hold office in a subsidiary or related company to represent, defend and ensure the interest of the appointer corporation. The dilemmas confronting a nominee director are acute and complex.

ANIMAL SPIRITS AND BOARDS

How does a member of a board of directors make decisions? A decision can be a positive act or it can take the form of passive consent or acquiescence. The key to understanding and framing an explanation as to what took place in a boardroom can be found in many spheres.