TRACING DERIVATIVE ACTION: APPLICATION OF THE FOSS v HARBOTTLE
RULE IN MALAYSIA

Author(s):

Liew Hong Wei

The Foss v Harbottle rule is under Common Law. In light of the Companies Act 2016, this article traces the development of the common law principles and discusses the possible current application of the said principles in conjunction with the Companies Act 2016. This article subsequently evaluates the sufficiency of the current jurisprudence in Malaysia.

Abstract

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Minority Shareholders, Lifting the Corporate Veil, Foss v Harbottle, Companies Act 2016, Derivative Action, Corporate Governance