Question
Kamal was appointed as a managing director in Bullet Sdn Bhd. Armour Bhd, a Singapore company has appointed Bullet Sdn Bhd as their agent. Through
Kamal was appointed as a managing director in Bullet Sdn Bhd. Armour Bhd, a Singapore company has appointed Bullet Sdn Bhd as their agent. Through the effort of Kamal, Armour Sdn Bhd secured a contract to supply automobile parts to Perwira Bhd. The contract is worth RM1 million. The arrangement between Bullet Sdn Bhd and Armour Bhd is that payment 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 investment 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 provision of the Companies Act 2016
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