Malaysia Case Law: Decisions & Judgments | LexChat

Malaysia Case Law

Disqualification of directors under companies act 2016
  • 14 Jan 2025

    1. ) TEO TZI SIN 2. ) WONG POH WAH

    Citation
    WA-63-6-01/2024 (Mahkamah Sesyen)
    Court
    Sessions Court
    Case number
    WA-63-6-01/2024 (Mahkamah Sesyen)

    Court accepted guilty pleas, found elements of s.218(1)(c) proven on admitted facts and exhibits, balanced mitigating (first offenders, guilty plea, cooperation, mitigation on economic hardship) and aggravating factors (extent of payments versus company profit and public interest in deterrence) and sentenced each accused to a fine of RM100,000 each, failing which 6 months imprisonment; the court refused to grant an exemption affecting s.198 disqualification because no statutory power exists under s.218(2) to exclude operation of s.198 and s.198 is a separate statutory prohibition.