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.

Lawyering
The Kindness That Stays, 20 Years On

I last saw them in 2007. They are two kind souls who made my years studying in the UK such a beautiful chapter in my life. I have been thinking about them lately and finally reached out after all these years. Whenever I look back on my time in the …

Linkedin Post
Why M&A Deals Fail

As an M&A lawyer, most of my time goes into the legal documents – drafting and negotiating agreements, representations, warranties, conditions precedent, etc. However, the deals I have seen delayed or aborted were not because of legal documents. A deal was aborted when geopolitical tension escalated while parties were going …

Linkedin Post
When a Seller is Paid in Shares, Instead of Cash

In an M&A transaction, a buyer which is also a company may offer to pay by issuing its own shares to the seller, instead of paying in cash. How is this different compared to a cash deal? The seller is not just selling. The seller is also “buying” into the …