Melon is an entrepreneur. He wishes to incorporate a company. As such, Melon submitted an application to Companies Commission of Malaysia (CCM) with a proposed company's name that is Grasshoppers Sdn. Bhd. Unfortunately, his application has been denied by the CCM. Melon was not satisfied with CCM's decision and sought your advice. When you checked the CCM's database, it was found out that the name Grass Hoppers Sdn. Bhd. was reserved to another party.

In the meantime your friend Apple, came to see you. She is a shareholder and member of a company namely Fruitilicious Sdn. Bhd. (FSB). FSB has its own constitution. According to Apple, dispute arose between the board of directors and members of FSB in respect of several rules stated in the constitution. The board of directors claimed that the Companies Act 2016 should be complied with. On the other hand, FSB's members insisted that the constitution shall prevail over the Companies Act 2016.

Advise Melon and Apple based on the Companies Act 2016 and relevant case law (if any).

problematic question format.

issue

section and case example

application

conclusion