Dissolving of company

When a company is starting up, company needs to go through a lot of procedures that are abide by law. So, the concept is also the same when a company wanted to dissolve. Another term to dissolve the company is called ‘liquidation’. The dissolving of company must follow proper legal procedure in following ways;

- Registrar of Companies

Will striking off the register summarily a company which appears to be defunct [Section 308, Companies Act 1965]

- Court

Aproving a scheme of arrangement,may order the immediate dissolution of company [Section 178, Companies Act 1965]

- Voluntary Liquidation

Member voluntarily pass resolution by winding up

- Compulsory liquidation (Court order)

Tutorial 1

Case 1:

Ryan called and talked on the phone with his wife without using the use of hands-free device while driving his car back home in Georgetown. While talking, he lost control over his car and eventually hit a walking pedestrian.

Is Ryan liable under civil or criminal law? What should the pedestrian do to recover his injuries/loss? Should this case go to court, what will be Ryan’s right?

In my opinion, Ryan is liable under civil law because no people is dead in the accident. Civil law is more like a private law that involved 2 people, it covers areas such as contract,tort and trust. But if anyone died in this accident, Ryan is liable under criminal law where criminal law is involved with the government and the people.This case should not bring into the court. This is because Ryan will be charged by the government for dangerous driving. Besides this, if the pedestrian doesnt hurt much, things can be settle without touching the law. If the pedestrian injured badly as a result of negligence of Ryan, he can take legal action against Ryan, he can recover the damages to compensate for his harm.

Case 2:

Geena runs an unregistered online investment portal from her home in KL where she managed to get people deposit money to her account. It was discovered that the investment was a scam and she attempted to flee with the money, only to be arrested in the airport by immigration officers because she held a fake passport.

Determine Geena’s liability: civil or criminal? What law(s) and statutes you think Geena has violated?

Geena is liable under criminal law, fraudulent act. This is because she is running away with the money, fraudulent of making scam, identity fraud and so on. She is holding a fake passport, therefore is violated with immigration act and fraudulent act.