Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

EDDIE and ADA each holds 2000 preference shares in Sunshine Sdn Bhd (the company). They are the only preference shareholders in the company. The Article

EDDIE and ADA each holds 2000 preference shares in Sunshine Sdn Bhd (the company). They are the only preference shareholders in the company. The Article of Association of the company stated that preference shareholders have a right to a fixed dividend of 12% per annum. Last month the company convened a meeting of the ordinary shareholders and passed a special resolution altering the Article of Association to the effect that preference shareholder shall only have a right to fixed dividend of 8% per annum. EDDIE and ADA were later informed by the company that henceforth they would only be entitled to a fixed dividend of 8% per annum.

EDDIE and ADA are unhappy with the alteration and seek for your advice as to whether they can challenge the validity of the decision of the company.

image text in transcribed (MALAYSIA) COMPANY LAW REFER TO COMPANIES ACT 1965 PLEASE ANSWER ANY TWO (2) QUESTIONS Question 1 Is the doctrine of \"Separate Legal Entity\" still relevant today? Support your answer with relevant cases and legal arguments. Question 2 Happy Sdn. Bhd. was incorporated in January 2015. The company specialises in the manufacturing of plastic bottles as reflected in its Memorandum of Association. Adam and Jimmy are both directors and shareholders of Happy Sdn. Bhd. Prior to its incorporation, Happy Sdn. Bhd.'s promoter Marion entered into a contract for raw material supplies and other machineries with Suppliers 4U Sdn. Bhd in December 2014. With reference to relevant cases and provisions of the Companies Act 1965, advise Happy Sdn. Bhd. on the following issues which had arisen: i) The status of the contract entered into by Marion prior to its incorporation. ii) The Board of Directors through the passing of a resolution has decided to expand the company's business toward the trading of soft drinks; a collaboration with Grape Rocks Sdn. Bhd. Delores, one of its debenture holders objected to the decision. Question 3 EDDIE and ADA each holds 2000 preference shares in Sunshine Sdn Bhd (the company). They are the only preference shareholders in the company. The Article of Association of the company stated that preference shareholders have a right to a fixed dividend of 12% per annum. Last month the company convened a meeting of the ordinary shareholders and passed a special resolution altering the Article of Association to the effect that preference shareholder shall only have a right to fixed dividend of 8% per annum. EDDIE and ADA were later informed by the company that henceforth they would only be entitled to a fixed dividend of 8% per annum. EDDIE and ADA are unhappy with the alteration and seek for your advice as to whether they can challenge the validity of the decision of the company

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Financial And Managerial Accounting

Authors: Jerry J Weygandt, Paul D Kimmel, Jill E Mitchell

4th Edition

1119752620, 978-1119752622

More Books

Students also viewed these Accounting questions

Question

What is the biggest challenge facing the organization?

Answered: 1 week ago

Question

case management services for at risk youth would include

Answered: 1 week ago