(English) RESIGNATION OF COMPANY DIRECTOR under CA2016: Manual + Flowchart + Procedure + Samples & Templates + Checklist by Mah Li Chen (MAICSA Chartered Secretary)

Training Duration: 3 hours 7 minutes

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Everything you need to know about Resignation of Company Director under CA2016: Manual + Flowchart + Procedure + Samples & Templates + Checklist

Upcoming webinar: 22 October 2021, Friday

Title: Resignation of Company Director under CA2016: Manual + Flowchart + Procedure + Samples & Templates + Checklist

Subtitle: Ordinary Director, Nominee Director, Alternate Director & Substitute Director

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Webinar Outline

  1. Common Reasons for Resignation
  2. Introduction
    1. Section 202(1) - Named Directors and Subsequent Directors
    2. Section 208(1) - Vacation of Office Director
  3. Requirement of the minimum number of company directors
    1. Section 196 (1),(2),(3), and (4)
    2. Hoh Kiang Ngan & Ors v Hoh Han Keyet [2013] 4 MLJ 199
    3. Section 209 (1) and (2)
    4. What are solutions for director if his/her resignation is ineffective due to inability to meet requirements of CA2016
      1. Section 439 & 550
  4. Resignation
    1. Section 208(2) and (3) - Vacation of office of director
    2. Tan Kei Vin & 2 Ors v Feed Me Love Sdn Bhd & 2 Ors [2019] MLRHU 1034
    3. Wong Kok Meng v Preserver Bina Sdn Bhd [2019] MLRHU 1292
    4. Registration
      1. Section 57(4) and (6) - Update in the Company Register
      2. Section 58(1)(c) and (4) - Update with the Registrar (SSM)
      3. Practice Directive No. 4/2018 - Late Lodgment Penalty
  5. Fiduciary Liability
    1. CTI Leather Sdn Bhd v Hoe Joo @ Khoo Hock Tat [2011] 8 MLJ 521
    2. Soon Seng Palm Oil Mill v Jang Kim Luang [2011] MLJU 101
    3. CMS Dolphin Ltd v Simonet [2001] EWHC Ch 415
  6. Statutory Liability
    1. Sundai (M) Sdn Bhd v Masato Saito & Ors [2013] 9 MLJ 729
    2. Yap Ke Huat and Others v Pembangunan Warisan Murni Sejahtera Sdn Bhd and Anor [2008] MLJU 12
  7. Effect of Resignation
  8. Different types of directors - Ordinary, Nominee, Alternate and Substitute Director
  9. Detail Explanation on
    • Interactive Checklist of Resignation of Directors
    • Sample & Templates
      • Form S58 - Notification of particulars changes of directors
      • Resignation Letter of Company Director
    • โ€œHoh Kiang Ngan caseโ€ - What are the 5 tests to Determine 'Residency in Malaysia' -
    • โ€œAfandi caseโ€
      • Clear wordings for letter of resignation
      • Cases: Tan Kin Vei (2019) & Wong Kok Meng (2019)
      • S58 : filed and ask for a copy for his own record
      • Set up Company with competing business before his resignation ?
      • Name too similar GABS v GABSSB
  10. Practical Questions
  11. Questions
    • An employee who was forced to be only local director now wishes to resign. How ?
    • Is soft copy resignation valid?
    • Can the company constitution requires the Boardโ€™s approval for a resignation?
    • Can the last local director resign?
    • Can the remaining directors reject a resignation?
    • End of a directorโ€™s tenure
    • How if all directors send letters of resignation?
  12. Interactive Q & A Session

Meet our R&D Virtual Law Interns of project Resignation of Company Director under CA2016 (Ordinary Director, Nominee Director, Alternate Director & Substitute Director) Manual + Flowchart + Procedure + Samples & Templates + Checklist

Kong Xin Er is from Parit Buntar, while waiting to take her CLP exams she joined Learnabee since Jan 2021 and was involved with various in-depth R&D projects.

Lai Xuan Chi is studying Law in University of Malaya and joined Learnbee since Nov 2020.

They started Resignation of Director Project since 26 July 2021. Thanks to their hard work & dedication to go through tedious review & amendment sessions. Finally after 3 months of grilling, our webinar production is launched

Your Instructor

Mah Li Chen (MAICSA Chartered Secretary)
Mah Li Chen (MAICSA Chartered Secretary)
Mah Li Chen graduated with the ICSA qualification on 27 September 1995. She has since completed her LLB with Honours in 2003 from the University of London. She is a Chartered Secretary by profession with more than 30 years of working experience in mainstream corporate secretarial work. She has been speaking on various topics relating to the Companies Act 2016, corporate secretarial practice, corporate governance and listing requirements for MAICSA (a division of CGI - Corporate Governance Institute), Bursa Malaysia Berhad, Federation of Public Listed Companies, Malaysia Institute of Accountants (โ€œMIAโ€) and several other professional bodies as well as in-house seminars for a number of companies.

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