Lessons from a Malaysian Company Law Case

Corporate Law and Corporate Governance

Lessons from a Malaysian Company Law Case and
Tension between Minority Rights and Management Efficacy:
The Apex Equity Appeal at Federal Court

1 November 2024

The Apex Securities Case deals with the course of judicial decision making that construed certain provisions of the Malaysian Companies Act 2016 in a manner that reverberated in the legal and capital market transactions. The Malaysian Court of Appeal decision resulted in much uncertainty over whether a company can enter into a conditional agreement subject to ratification by general meeting until the principles of interpretation of the relevant company law legislation was clarified at the Malaysian Federal Court. This seminar will share insights which will be invaluable to lawyers and corporate advisors from investment banking and capital market fraternity as Malaysia shares fundamental features of Hong Kong company law.

Speaker: Mr Philip TN Koh
Advocate & Solicitor, High Court of Malaya
Senior Partner of Messrs Mah-Kamariyah & Philip Koh
Adjunct Professor at Universiti Malaya and School of Business, Monash Malaysia University
He appeared, nominated by Malaysian Bar Council as Amicus Curiae (Friend of Court) and accepted by the Federal Court, at the Appeal

Chair: Professor Say Goo, Faculty of Law, The University of Hong Kong

Enquiries: Flora Leung at aiiflhku@hku.hk