Chooi & Company

INTRODUCTION Section 37 of the Malaysia Companies Act 2016 (‘s.37 CA 2016’) is a new inclusion to the Companies Act 2016 (‘CA 2016’). It conferred the Court a discretion to alter or amend the constitution of a company upon an application by a director or a shareholder where it is not practicable to do so using the procedures set out in the Companies Act or the constitution itself.  To date, s. 37 CA 2016 had only been considered and decided in the case of Chew Meu Jong v Lysaght (Malaysia) Sdn Bhd [WA-24NCC-178-05/2017] (‘Chew Meu Jong’) which is the first case in Malaysia and the world where such order has been granted.

There were several significant changes to the law in Malaysia in 2021. Some of these changes were brought about by the pandemic while others have been a long time coming. These changes as well as proposed changes are set out in brief below.

By Tiu Gi Gyn