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Siva, Chew Keong, and Razif are the directors and shareholders of Babablack Bhd., a company they cofounded. Recently, Siva has expressed his intention to sell

image text in transcribed Siva, Chew Keong, and Razif are the directors and shareholders of Babablack Bhd., a company they cofounded. Recently, Siva has expressed his intention to sell all his shares in the company. On the other hand, Razif, another director and shareholder, is interested in acquiring Siva's shares. However, Razif currently lacks the necessary funds to complete the purchase. While Siva wishes to divest from the company, Razif recognises the potential value in acquiring Siva's shares but is financially constrained. Damian who is an employee of Babablack Bhd. has approached Babablack Bhd., with a request for a loan amounting to RM 20,000. Damian intends to utilise this loan to purchase shares of Babablack Bhd. However, Damian has specifically requested that the shares be registered under his father's name instead of his own, and he has openly communicated this request to the company. While the company has no objections to this proposed arrangement, it wants to ensure that proceeding with this loan and registration of shares under Damian's father's name would not violate any provisions stated in the Companies Act 2016. (a) Examine whether the company can grant a loan to Razif and Damian with reference to the \\( \ ightarrow \\) Companies Act 2016. Support your answer with case law(s). Using ILAC ( issue, law, application and conclusion) (b) If Razif obtains a loan from a bank to finance the purchase of shares from Siva, identify whether Babablack Bhd. can grant a fixed charge over its assets as the security for the loan

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