Question
Kamal was appointed as a managing director in Bullet Sdn. Bhd. Armour Sdn. Bhd., a Singapore automobile company has appointed Bullet Sdn. Bhd. As their
Kamal was appointed as a managing director in Bullet Sdn. Bhd. Armour Sdn. Bhd., a Singapore automobile company has appointed Bullet Sdn. Bhd. As their agent. Through the efforts of Kamal, Armour Sdn Bhd. Secured a contract to supply automotive parts to Perwira Bhd. The contract is worth RM1 million. The arrangement between Bullet Sdn Bhd. and Armour Sdn. Bhd. is that payments by Perwira Bhd. under the contract is to be made to Bullet Sdn. Bhd. who is to forward the payments to Armour Sdn. Bhd. after retaining the agreed commission of 20%.
Upon performance of the contract by Armour Sdn. Bhd., Perwira Bhd. paid the amount of RM1 million to bullet Sdn. Bhd. out of which RM800, 000 was to be forwarded to Armour Sdn. Bhd. However, Armour Sdn. Bhd. was not paid.
Kamal have lost RM800,000 of his money in the stock market. He manipulated the company's account to make it appear that the investments in the stock market were in fact made by the company and the payment of RM800,000 was paid to him as reimbursement.
Bullet Sdn. Bhd. has no assets and has been duly wound up. Consider whether Armour Sdn. Bhd. can proceed to recover the RM800,000 from Kamal under any of the provisions of the Companies Act 2016.
What is the Section and Cases can related to?
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