Question
Quarantina, a member of Syarikat Seri Siantan Bhd. [SSSB] came to see you and informed as follows; Three weeks ago SSSB held an annual general
Quarantina, a member of Syarikat Seri Siantan Bhd. [SSSB] came to see you and informed as follows;
"Three weeks ago SSSB held an annual general meeting. Dato' Gambir, the Chairman of the Board of Directors, chaired the aforesaid annual general meeting. Most of the members attended the meeting. A resolution was passed at the said meeting to remove SSSB's auditor.
However, as I have no knowledge of the procedures of removing an auditor under the Malaysian law, I would like to know as to the validity of the said resolution.
Yesterday, I went to the SSSB's registered office to examine the minutes of the aforesaid meeting. While being there, I heard that SSSB received the notice of demand from one of the creditors and they claimed that SSSB will be wound up soon".
Advise Quarantina on the above matters with reference to the relevant provisions of the Companies Act 2016 and decided cases, whenever necessary. You are also required to convey your opinion as to the appointment of an auditor of a private company based on relevant statutory provisions. (20 markah/marks)
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