corporate and governance law, need answer and brief for Q1

gwon 1 The Companies Act 2016 repealed the Companies Act 1965 and changed the landscape of company law in Malaysia. The new Companies Act reformed almost all aspects of company law in Malaysia. You as a corporate law student are required to write a one page article on the changes implemented with regards to the laws related to capital under the Companies Act 2016. (10 marks) human Hopeno Sdn Bhd borrowed RM1.8 million from Rich Bank in 2016. This was secured by a xed charge on the company's land. The charge Was not registered with the Companies Commission of Malaysia. A few years ago (2013). Hopeno Sdn. Bhd. borrowed RMZ million from Fasloan Bank. This was secured by a oating charge on the company's book debts and it was duly registered with the Companies Commission of Malaysia. In 2019, the court made an order for the winding up of Hopeno Sdn. Bhd. on the application of Supercredita Sdn Bhd. a creditor who had. one year ago. granted the company a loan on the security of a floating charge on all the assets and undertaking of the company. This charge was also registered with the Companies Commission of Malaysia. A liquidator has been appointed. (a) Explain the difference between a fixed charge and a oating charge- (4 marks) (b) Explain whether the fixed charge in favour of Rich Bank should have been registered with the Companies Commission of Malaysia and what are the consequences {if any) for not doing so. (8 marks) to) State the order of priority between the charges involved and support your answer with reasons. (4 marks) Quest's: George. a director of Funnyclown Bhd, wanted to employ the company's capital to purchase its shares for himself. He and some of the company's board of directors worked out a scheme where company's funds were passed through a few institutions in the form of a loan rst. before it was nally utilised to purchase the company's shares for George. Damian, who is an employee of Funnyclown Bhd. came to know about this matter and seeks your advice on whether the acquisition of the sham by George breaches the provisions of the Companies Act 2016 in Malaysia. Advise him and support your answer with reference to any relevant case law. (14 marks) [Total: 40 marks]