Corporate Litigation : Shareholders’ Disputes
Disputes between company directors and shareholders can be very excruciating affairs which often end with bitter after taste, simply because the opposing litigants were once cordial business partners to one another.
Directors ought to know their fiduciary duties both imposed by the Companies Act 2016 as well as common law. In appropriate cases, aggrieved shareholders are able to seek remedies pursuant to the Company’s constitution (or Articles of Association for companies incorporated prior to the implementation of Companies Act 2016), initiating oppression actions, pursuing derivative actions and petitioning for winding up.
We advise and act for clients in steering the course in such actions within the framework of company statutes and common law.
Corporate Governance (Due Diligence)
Our practice in this area mainly involves conducting due diligence exercises for our corporate clients. We are able to draw from our experience from different areas of the law such as contract law, litigation, property law, banking law, local government laws, intellectual property law and employment law to prepare due diligence reports tailored to the needs of our clients.
We also collaborate with firms from different jurisdictions where our clients are national or multi-national companies. As Sabah has many laws that are unique to the state, we are able to employ our broad knowledge of the laws, regulations and practices in Sabah in conducting due diligence practices.