Question
Yusof, Haris and Daud are the directors for Best Health Care Sdn Bhd. Amin, who is a shareholder, was appointed as the company secretary for
Yusof, Haris and Daud are the directors for Best Health Care Sdn Bhd. Amin, who is a shareholder, was appointed as the company secretary for the company. The company decided to have a constitution and among the clauses in the constitution are as follows:
Clause 5: The company can only conduct the business of supplying health care
products to pharmacies and hospitals.
Clause 12: Amin shall be the company secretary for life unless he resigns or dies
Recently, the directors proposed to carry out the following:
a) To enter into a joint venture in the printing business with Excell Print Sdn Bhd.
b) To remove Amin from the post of the company secretary
c) To insert a new clause in the constitution that gives Lion Bank Bhd the right to appoint any person to become the director in Best Health Care Sdn. Bhd.
Advise the directors whether they can execute the above proposals according to Malaysia company law.
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