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3 Persatuan Rumah Orang Tua Orkid (Persatuan Orkid) is a company limited by guarantee which operates numerous old folks' homes in Negeri Sembilan. Its object
3 Persatuan Rumah Orang Tua Orkid ("Persatuan Orkid") is a company limited by guarantee which operates numerous old folks' homes in Negeri Sembilan. Its object is to promote charity and to raise funds for the welfare of dependent senior citizens. Siti Saleha is one of the senior directors of Persatuan Orkid. With reference to the Companies Act 2016 or any case law, analyse the following separate and independent situations. (a) In January 2022, Persatuan Orkid made a proposal to Pharmatech Bhd., a pharmacy, to supply 2,000 new motorised wheelchairs for all its homes across Negeri Sembilan. The wheelchairs must be certified by the Medical Device Authority (MDA) under the Ministry of Health before it can be used to ensure its quality and user safety. After the proposal to Pharmatech Bhd. was made, Siti Saleha was recommended by Pharmatech Bhd. for a position at MDA with the intention to accelerate the certification of the wheelchairs. [Siti Saleha was subsequently employed and paid a lucrative salary by MDA while her employment was not made known to Persatuan Orkid. Pharmatech Bhd. accepted the proposal by Persatuan Orkid even though the price of the wheelchairs increased by 5% due to their fast certification process. Illustrate whether Siti Saleha has breached her duties as a director. (12 marks)
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