Malaysia legislation
Section 167
Section 167
A conservator shall have the following powers:
(a)
power to change the location of the affected person’s registered office;
(b)
power to use the common seal of the affected person;
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(c)
power to do all acts and to execute in the name and on behalf of the affected person any deed, receipt or other document;
(d)
power to appoint any agent to do any business which the conservator is unable to do himself or which can more conveniently be done by an agent and power to employ and dismiss officers and employees in relation to the affected person;
(e)
power to establish subsidiaries of the affected person;
(f)
power to transfer to subsidiaries of the affected person the whole or any part of the assets of the affected person;
(g)
power to effect and maintain insurances in respect of the asset of the affected person;
(h)
power to take possession of, collect and get in the asset of the affected person and for that purpose, to take such proceedings as may seem expedient to the conservator;
(i)
power to sell or otherwise dispose of the asset of the affected person by public auction or private contract;
(j)
power to grant or accept a surrender of a lease or tenancy of the asset of the affected person, and to take a lease or tenancy of any asset required or convenient for the asset of the affected person;
(k)
power to do all things, including the carrying out of works, as may be necessary for the management and realisation of the asset, business and affairs of the affected person;
(l)
power to raise funds, borrow money or grant security therefor over the asset of the affected person;
(m)
power to draw, accept, make and endorse any bill of exchange or promissory note in the name and on behalf of the affected person;
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(n)
power to call up any uncalled capital of the affected person;
(o)
power to make any payment which is necessary or incidental to the performance of his functions;
(p)
power to carry on the business of the affected person;
(q)
power to perform any function and exercise any power, that the affected person, any of its directors or officers could perform or exercise if a conservator had not been appointed;
(r)
power to appoint any person as a director of the affected person, whether to fill a vacancy or as any additional director;
(s)
power to appoint a solicitor, accountant or other professionally qualified person to assist him in the performance of his functions in relation to the affected person;
(t)
power to remove or suspend from office any director of the affected person or appoint other persons to act as directors of the affected person notwithstanding any law or the constituent documents of the affected person;
(u)
power to bring or defend any action or other legal proceedings in the name and on behalf of the affected person;
(v)
power to refer to arbitration any question concerning the affected person;
(w)
power to make any arrangement or compromise on behalf of the affected person;
(x)
power to rank and claim in the bankruptcy, insolvency or liquidation of any person indebted to the affected person and to receive dividends or returns, and to accede to trust deeds for the creditors of the affected person;
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(y)
power to present or defend a petition for the winding up of the affected person, and to commence the voluntary winding up of the affected person; and
(z)
power to do all other things necessary for or incidental to the exercise of the foregoing powers.
General duties of conservator