Bodipalar Ponnudurai De Silva updates

 
Wrongdoer control: no longer just a numbers game
Bodipalar Ponnudurai De Silva
  • Company & Commercial
  • Malaysia
  • 12 November 2018

It has long been recognised that where wrongdoers control a company and thus prevent it from bringing an action, the courts will allow shareholders to do so on the company's behalf in order to obtain redress by way of a derivative action. While the courts have recognised a range of scenarios where wrongdoers can be said to control the company, can this concept of wrongdoer control apply where there is a deadlock at both the board and shareholder level obfuscating any clear majority or minority in the company?

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