{"id":4940,"date":"2023-09-27T21:47:11","date_gmt":"2023-09-27T13:47:11","guid":{"rendered":"https:\/\/yhalaw.com.my\/?p=4940"},"modified":"2023-09-27T21:47:13","modified_gmt":"2023-09-27T13:47:13","slug":"companies-act-2016-directors-right-to-inspect-records-and-documents-of-a-company","status":"publish","type":"post","link":"https:\/\/yhalaw.com.my\/my\/companies-act-2016-directors-right-to-inspect-records-and-documents-of-a-company\/","title":{"rendered":"COMPANIES ACT 2016 \u2013 DIRECTOR\u2019S RIGHT TO INSPECT RECORDS AND DOCUMENTS OF A COMPANY"},"content":{"rendered":"
A, a director and shareholder of the company, was denied access to inspect the company’s records. Although not involved in daily operations, A wants to determine the value of his shares for a separate lawsuit.<\/strong><\/p>\n\n\n\n Can he file an application for inspection and appoint lawyers and auditors to do it on his behalf?<\/strong><\/p>\n\n\n\n Section 245 of the Companies Act 2016 (CA 2016)<\/u><\/strong><\/p>\n\n\n\n Common Law Right<\/u><\/strong><\/p>\n\n\n\n Can the Company argue that the purpose of filing the application is to further another legal suit, helping A reclaim his shares? Hence, could there be ulterior motives?<\/strong><\/p>\n\n\n\n Case in point :<\/p>\n\n\n\n A, a director and shareholder of the company, was denied access to inspect the company’s records. Although not involved in daily operations, A wants to determine the value of his shares for a separate lawsuit.<\/p>\n Can he file an application for inspection and appoint lawyers and auditors to do it on his behalf?<\/p>","protected":false},"author":1,"featured_media":4942,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[1568],"tags":[2286],"yoast_head":"\n\n
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