Question
OishiBhd.(OB)is establishedon 2 February 2017.The company is well known for its cakes and bread.Its corporate board consists of: OB would like to beautify its office.
OishiBhd.(OB)is establishedon 2 February 2017.The company is well known for its cakes and bread.Its corporate board consists of:
OB would like to beautify its office. Abu has convinced the board to awardthe contract to decorate the office to Glory Sdn . Bhd. (GSB) becauseofGSB'sgood reputation.Unknown to others, Abu's wife isthemajority shareholder in GSB.
OB'sboard of directors hasalso decided toacquirea newplantfromSyarikatHepi SokmoSdn. Bhd. for RM900K, instead of its market value of RM700K. BoboiandDeliahold 8% and 5% of the shares inSyarikat Hepi Sokmo Sdn. Bhdrespectively
Meanwhile,Chandran andEllaalso hold directorship inYummybake Sdn. Bhd. which produces halal cakes and pastries to be exported tothe Southeast Asian region. Both of themare the only shareholders in Yummybake Sdn. Bhd. A potential bulk buyerfrom the United Kingdom(Cheezycakes Ltd) has approachedChandran andEllawith the intention of making big ordersfrom Oishi Bhd. However,Chandran andEllahave diverted the Oishi's potential customer into placing the order from Yummybake.
Meanwhile, YB is in financial distress. They may not be able to fulfill its obligation with Oishi. One of the board members suggests that YB has to avail itself to be wound up. However, the majority of the board members believe that there are other ways to ensure the sustainability of YB.
Analyse the legal issues in the above situation.
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