ABC Sdn Bhd is a newly incorporated company. Alex took all steps towards the formation and the incorporation of ABC Sdn Bhd. Before the incorporation of ABC Sdn Bhd, Alex, purportedly acting on behalf of ABC Sdn Bhd, entered into a contract with James. The contract was for the rental of an office unit to be used by ABC Sdn Bhd when it commenced its business operations. A week after the company was incorporated, the officers and employees of ABC Sdn Bhd moved into the rented office unit and commenced it business operations there. James, however, has not been paid the agreed rental of RM10,000 for the premises in the last 3 months. James would like to know if he should bring an action against Alex or ABC Sdn Bhd for the unpaid rent. Advice James based on promoter and their duties and/or liabilities towards to the company. Support your answer with relevant case laws and authorities from Companies Act 2016.