Question
Lim and Loh are the only shareholders and directors in Amazing Builders Co (ABC), a construction company. ABC contracted with Splendid Supplier Bhd (SSB), a
Lim and Loh are the only shareholders and directors in Amazing Builders Co ("ABC"), a construction company. ABC contracted with Splendid Supplier Bhd ("SSB"), a supplier of construction materials for the supply of bricks, cement, tiles, and glass blocks to be used in an upcoming building project. SSB delivered the goods worth RM500,000 but ABC failed to pay. A week later, Lim received a letter from SSB demanding payment of RM500,000 to be made, failing which Lim will be sued for the debt. Meanwhile, Loh has been sued by Bank Pertama to pay a personal loan which he borrowed. Loh wants to sell off a land which belongs to ABC to repay his personal loan to the bank. Lim is concerned whether he can be made personally liable for the debt owing to SSB. He is also upset that Loh wants to sell the land which belongs to ABC.
what is advice for Lim on the above situations by applying the Companies Act 2016 and relevant cases.
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