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QUESTION 2 Triple Ash Berhad is a new publicly listed company managed by Ashran, Ashraf and Ashfaq. Ashran and Ashraf were appointed as executive directors,
QUESTION 2 Triple Ash Berhad is a new publicly listed company managed by Ashran, Ashraf and Ashfaq. Ashran and Ashraf were appointed as executive directors, while Ashfaq was appointed as managing director. However, currently, there is no provision for the appointment of a managing director in the company's constitution. They appointed Amsyar, one of their old friends, as a non executive director. Amsyar is currently attached as Finance Director with Shenangnya Berhad, the major shareholder of Triple Ash Berhad. Triple Ash Berhad will have its first Annual General Meeting (AGM) in December 2022, and Ashran suggest appointing his daughter, Dina and Tisya as executive directors of the company in the respective AGM. Required: a) Differentiate the characteristic of directors' designation held by Ashran, Ashfaq and Amsyar. (6 marks) b) Justify the validity of the appointment of Ashfaq as managing director for the company. (4 marks) c) Advise Triple Ash Berhad on the retirement of all the directors in the first AGM and subsequent AGM of the company based on the provision in the Companies Act 2016. (4 marks) d) Identify the requirement in the Companies Act 2016 that allows appointing Dina and Tisya as directors of the company. (6 marks)
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