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Report on a briefing on "Minority Oppression and Remedies" PDF Print E-mail
Contributed by Linda Tey (Executive Officer)   
Friday, 16 November 2007 05:05pm

Mr. Ben ChanThe Professional Standards and Development Committee organised a seminar on "Minority Oppression and Remedies" by Mr. Ben Chan, a Litigation Partner at Lee Hishammuddin Allen & Gledhill on November 12, 2007. The seminar attracted about 90 participants.

Mr. Colin Andrew Pereira, Deputy Chairman of the Professional Standards and Development Committee, introduced and welcomed Mr. Ben Chan who currently heads Lee Hishammuddin Allen & Gledhill's Corporate Litigation Practice Group. Ben is also the co-author of "Chan & Koh's on Malaysian Company Law".

Mr. Ben Chan discussed at length the rights and remedies available to minority shareholders under the Companies Act 1965, as well as under the Common Law. He also discussed the recent amendments to the Companies Act including the new provision in respect of statutory derivative actions.

Mr Ben Chan also covered the areas relating to the rule in Foss v. Harbottle and winding up on just and equitable principles pursuant to section 218 of the Companies Act 1965.

The new statutory derivative action introduced recently by the Companies (Amendment) Act 2007 came into effect in August this year and the amendment created quite an interesting discussion. Mr. Ben Chan also quoted a number of cases on Minority Protection, some of which he was personally involved in.

There was then a good question and answer session with quite a number of the participants taking the opportunity to question Mr. Ben Chan on his area of expertise.

The Professional Standards and Development Committee would like to take this opportunity to thank Mr. Chan for his time and for his commitment to the committee's programme for continuing legal education

The session ended with Mr. Colin Andrew Pereira presenting a token of appreciation to Mr. Ben Chan.

For any enquiries, please do not hesitate to email Linda Tey at linda@malaysianbar.org.my

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