Expropriation through related party transactions: the position in Malaysia

Johnson et al (2000) explored instances of expropriation of wealth by controlling shareholders of a company from the minority shareholders, among which are the transfers of assets to other companies under the majority shareholders’ control and the extractions of cash through dubious transactions. Wi...

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Main Author: Chan, W.M.
Format: Conference or Workshop Item
Language:English
Published: 2010
Subjects:
Online Access:http://eprints.um.edu.my/11270/1/Article_212.pdf
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author Chan, W.M.
author_facet Chan, W.M.
author_sort Chan, W.M.
collection UM
description Johnson et al (2000) explored instances of expropriation of wealth by controlling shareholders of a company from the minority shareholders, among which are the transfers of assets to other companies under the majority shareholders’ control and the extractions of cash through dubious transactions. With the amendment to the Companies Act 1965 in 2007, the rules pertaining to related party transactions in Malaysia have become more stringent. However, as shown in some recent reported transactions, the rules are not without weaknesses which may be exploited by the controlling shareholders to the detriment of the minority. This article provides a critical discourse on first, the law pertaining to related party transactions in Malaysia; and secondly, some recent cases in Malaysia where the controlling shareholders in companies expropriated wealth from the minority. This article will also make some recommendations to further tighten the rules on related party transactions.
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spelling um.eprints-112702014-12-18T01:27:09Z http://eprints.um.edu.my/11270/ Expropriation through related party transactions: the position in Malaysia Chan, W.M. HB Economic Theory Johnson et al (2000) explored instances of expropriation of wealth by controlling shareholders of a company from the minority shareholders, among which are the transfers of assets to other companies under the majority shareholders’ control and the extractions of cash through dubious transactions. With the amendment to the Companies Act 1965 in 2007, the rules pertaining to related party transactions in Malaysia have become more stringent. However, as shown in some recent reported transactions, the rules are not without weaknesses which may be exploited by the controlling shareholders to the detriment of the minority. This article provides a critical discourse on first, the law pertaining to related party transactions in Malaysia; and secondly, some recent cases in Malaysia where the controlling shareholders in companies expropriated wealth from the minority. This article will also make some recommendations to further tighten the rules on related party transactions. 2010-01 Conference or Workshop Item PeerReviewed application/pdf en http://eprints.um.edu.my/11270/1/Article_212.pdf Chan, W.M. (2010) Expropriation through related party transactions: the position in Malaysia. In: 2010 IABR & ITLC Conference Proceedings, 04-06 Jan 2010, Orlando, Florida.
spellingShingle HB Economic Theory
Chan, W.M.
Expropriation through related party transactions: the position in Malaysia
title Expropriation through related party transactions: the position in Malaysia
title_full Expropriation through related party transactions: the position in Malaysia
title_fullStr Expropriation through related party transactions: the position in Malaysia
title_full_unstemmed Expropriation through related party transactions: the position in Malaysia
title_short Expropriation through related party transactions: the position in Malaysia
title_sort expropriation through related party transactions the position in malaysia
topic HB Economic Theory
url http://eprints.um.edu.my/11270/1/Article_212.pdf
work_keys_str_mv AT chanwm expropriationthroughrelatedpartytransactionsthepositioninmalaysia