How to verify allotment and issuance of shares

Company Law

Investors who want to invest in a company in Malaysia would want to know that the issuance and allotment of the shares in a company since incorporation have been duly authorised and lodged with the Registrar.

What do you need to check to verify that?

The documents you need to check include:

1. Shareholders’ resolution to approve allotment of shares (sections 75 and 76 of the Companies Act 2016).

2. Directors’ resolution to exercise power to allot shares in the company.

3. Notice of shareholders’ approval for allotment of shares which should be lodged with the Registrar within 14 days from the date of the shareholders’ approval (section 76 of the Companies Act 2016).

4. Return of allotment which should be lodged by the company with the Registrar within 14 days from the date of allotment (section 78 of the Companies Act 2016).

5. Notification to the Registrar of the changes in the particulars of the register of members of the company within 14 days of the changes (section 51 of the Companies Act 2016).

6. Register of members which should be updated to register the allotment of shares within 14 days from the date of the allotment (section 77(1) of the Companies Act 2016).

#malaysiancorporatelawyer

#mergersandacquisitions

#sharesubscription

#investmentinMalaysia

This post was posted on Linkedin on 31 January 2022.

17 Years in Private Practice
Lawyering
17 Years in Legal Practice

17 years. That is how long I have been in the legal profession. Over the years, there have been many transactions done and dusted, and many people I worked with on those transactions have since moved on to other paths. There are not many people I can turn to and …

Linkedin Post
Peak Period: A Moving Target for Corporate Lawyers

“When is your peak period?” I was asked. “Whenever the client wants the deal to go fast” I replied. The workload of corporate lawyers is not seasonal. It’s client-driven. The pace follows transaction timelines and clients’ expectations. What looks like a quiet period can quickly turn into full momentum overnight …

Linkedin Post
Partial Share Sales in Malaysia: What Sellers Need to Know About Guarantees

In partial disposals, it’s common for sellers and buyers to agree that any existing guarantees given by the sellers to secure banking facilities of the target companies will be adjusted to reflect the post-completion shareholding. For public listed companies (PLCs) in Malaysia, this can affect the deal timeline if not …