The scope of Section 181 as a minority protection provision / Andrew Winston Kaya

• Main Author: Winston Kaya, Andrew
• Format: Student Project
• Language: English
• Published: 1986
• Subjects: Commercial law
• Online Access: https://ir.uitm.edu.my/id/eprint/5384/2/5384.pdf; https://ir.uitm.edu.my/id/eprint/5384/
• Institution: Universiti Teknologi Mara

This paper is an endeavor to determine the scope of protection as provided for by section 181 of the Malaysian Companies Act of 1965 by referring to cases that have interpreted the section. Secondly, it is to discuss the need of minority protection considering the various problems encountered by minority shareholders which includes inter alia, the procedural rule as propounded in Foss v Harbottle as exemplified in Prudential Assurance's case. Thirdly is to compare section 210 of the U.K. Companies Act 1948 as this was the first attempt in England to provide for direct statutory protection for minority shareholders. Although Section 210 has been replaced by a new section 75, it is felt that a study of the old section is useful to understand the scope of section 181.