Malaysia legislation
Section 111
Section 111
(2)
Without affecting the generality of subsection (1) or of any other provisions of this Act, where any omission, defect, error, irregularity or deficiency, including the absence of a quorum at any meeting of the Langkawi company, has occurred in the management or administration of a Langkawi company whereby any breach of the provisions of this Act has occurred, or whereby there has been default in the observance of the memorandum or articles of association of the company, or whereby any proceedings at or in connection with any meeting or purported meeting have been rendered ineffective, including the failure to make or lodge any declaration of solvency, the Court—
(a)
may, either of its own motion or on an application lodged by any interested person, make such order or direction as it thinks fit to rectify or cause to be rectified or to negative or modify or cause to be negatived or modified the consequences in law of any such omission, defect, error, irregularity or deficiency, or to validate any act, matter or thing rendered invalid by or as a result of any such omission, defect, error, irregularity or deficiency;
(b)
shall, before making any such order or direction, satisfy itself that such an order or direction would not do injustice to the company or to any member or creditor of the company, or any other person;
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Act 643
(c)
where any such order or direction is made, may give such ancillary or consequential directions as it thinks fit; and
(d)
may determine what notice or summons is to be given to other persons of the intention to make any such application or of the intention to make such an order or direction and whether it should be advertised in any newspaper.
(3)
For the purposes of subsection (2), “meeting”, in relation to a Langkawi company, includes—
(a)
a meeting of the company;
(b)
a meeting of any class of members of the company;
(c)
a meeting of the debenture holders or any class of debenture holders of the company;
(d)
a meeting of the directors of the company or of any committee of the directors; and
(e)
a meeting of the creditors or any class of the creditors of the company.
(4)
The Court, whether the company is in the process of being wound up or not, may extend or shorten any time for doing any act or taking any proceedings allowed or limited by this Act or the regulations on such terms, if any, as the justice of the case may require, and any such extension may be ordered although the application for the same is not made until after the time originally allowed or limited.
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