𝗜𝗻𝗳𝗼𝗿𝗺𝗮𝘁𝗶𝗼𝗻 𝘄𝗵𝗶𝗰𝗵 𝗯𝘂𝘆𝗲𝗿 𝗰𝗮𝗻 𝗴𝗲𝘁 𝗳𝗿𝗼𝗺 𝗱𝗶𝗿𝗲𝗰𝘁𝗼𝗿𝘀’ 𝗮𝗻𝗱 𝘀𝗵𝗮𝗿𝗲𝗵𝗼𝗹𝗱𝗲𝗿𝘀’ 𝗺𝗶𝗻𝘂𝘁𝗲𝘀/𝗿𝗲𝘀𝗼𝗹𝘂𝘁𝗶𝗼𝗻𝘀 𝗼𝗳 𝘁𝗮𝗿𝗴𝗲𝘁 𝗰𝗼𝗺𝗽𝗮𝗻𝘆

• Whether shares have been properly issued with shareholders’ approval?

• Has the target company circulated annual financial statements to shareholders?

• Have the directors approved any unusual dividends?

• Where a director is interested in a contract or proposed contract with the target company, has the director declared his interest? (s221, Companies Act 2016)

• For acquisition or disposal by the target company of an undertaking or property of substantial value, whether shareholders’ approval has been obtained? (s223, Companies Act 2016)

• For transactions entered by the target company with its directors, substantial shareholders or any person connected with them, whether shareholders’ approval has been obtained? (s228, Companies Act 2016)

• Have material contracts been approved by the board of directors?

#malaysiancorporatelawyer
#mergersandacquisitions
#duediligence

This post was first posted on Linkedin on 4 December 2022.