What is the difference between a โ€œ๐˜€๐˜‚๐—ฏ๐˜€๐˜๐—ฎ๐—ป๐˜๐—ถ๐—ฎ๐—น ๐˜€๐—ต๐—ฎ๐—ฟ๐—ฒ๐—ต๐—ผ๐—น๐—ฑ๐—ฒ๐—ฟโ€ and a โ€œ๐—บ๐—ฎ๐—ท๐—ผ๐—ฟ ๐˜€๐—ต๐—ฎ๐—ฟ๐—ฒ๐—ต๐—ผ๐—น๐—ฑ๐—ฒ๐—ฟโ€?

Company Law

If you are a corporate lawyer and you ask your supervising partner the question above, be prepared that you may be told to do your own reading.

In short, a โ€œsubstantial shareholderโ€ of a company refers to a person who has an interest in one or more voting shares in the company which is 5% or more of the total number of all voting shares in the company. See section 136 of the Companies Act 2016 of Malaysia for details.

A โ€œmajor shareholderโ€ is defined in the Listing Requirements and means a person who has an interest or interests in one or more voting shares in a corporation and the number or aggregate number of those shares, is:

(a)ย 10% or more of the total number of voting shares in the corporation; or

(b) 5% or more of the total number of voting shares in the corporation where such person is the largest shareholder of the corporation.

MalaysianCorporateLawyer
CompaniesAct
ListingRequirements
shareholders

This post first appeared on LinkedIn on 8 June 2023.

Linkedin Post
Preference Shares: A Path Through Malaysiaโ€™s Equity Restrictions

Regulatory equity restrictions donโ€™t always mean โ€œno entryโ€ for investors in Malaysia. If youโ€™re restricted from holding ordinary shares in certain sectors due to regulatory policy, preference shares may offer a practical alternative. You may want to consider preference shares if: 1.ย ย ย ย The sector has no restrictions on preference shares. This …

Company Law
Does family-owned company require formal shareholders’ approval for issuance of shares?

“This is my family-owned company. Do we still need formal shareholders’ approval to issue shares?” Yes. Under section 75 of the Companies Act 2016, directors cannot exercise their power to allot shares without prior shareholdersโ€™ approval. This is a legal requirement even if all the shareholders are family members. Skipping …

Linkedin Post
Pay for proper legal advice when it comes to shareholders agreement

Most people I know are reluctant to pay for proper legal advice when it comes to shareholders’ agreements. Many assume shareholdersโ€™ agreements are just templates. However, in practice, especially in M&A or fundraising, these agreements must align with the Companies Act 2016 and other relevant regulatory requirements. Otherwise, what is …