Check all the governing Acts first before consenting virtual AGMs

-
We observed with concern on the recent announcement by the defence minister in his press conference this evening saying that virtual annual general meeting (AGM) will be allowed if any companies, societies or associations wish to conduct their AGM via online channel.

Well, we wish to remind the rebel government to be cautious when making or announcing their various promises to the press.

Prior to making such announcement, we would like to ask, have they check the provisions of the Companies Act 2016, Societies Act 1966 and the Cooperative Societies Act 1993 to confirm if there are any provisions in these three Acts which allow virtual AGMs to be conducted.

Making such a blunt announcement without further checks will eventually land companies, societies, clubs or associations and cooperative societies into trouble should and any disputes arise in the manner the meeting or elections was conducted.

Conducting virtual meetings can be a very complicated matter especially if there are resolutions to be passed, election of office-bearers and the committee, appointment and termination of directors, making business decisions or confirming annual budgets or annual expenditures, presentation briefing on financial reports and many more.

Yes, normal operational meetings can be organised through online, but it is important to note that having an AGM organised virtually will be complicated based on the fact that there will be a lots of presentation, minutes recording, tabling of proposals or resolutions, secondment and financial details needed to be reviewed, discussed, reasoned, convinced and making final decisions. What more if the AGM requires office-bearers or board of directors to seek for re-elections, candidates contesting for positions, vote counting and how will they cast their ballots?

And what if the disputes remain unresolved and such grievances has to be brought to court for a final judgement? Who will take full responsibilities on such problems in the future if the relevant Acts do not specifically mention or allow or no clear indication on whether a virtual AGM can be valid or otherwise.

Amend or add these virtual AGM requirements and its rules into the provisions of the Companies Act 2016, Societies Act 1966 and the Cooperative Societies Act 1993 first before consenting online meetings to be conducted.

By the way, because Parti Pribumi Bersatu Malaysia (Bersatu) will be having its party election before June 2020 and the contest for party positions is expected to be intense, is the consent for the virtual AGM an indirect approval for Bersatu to proceed with its AGM and party elections via online to ensure a total victory of certain faction?

Popular posts from this blog

EC should ask ROS to register Pakatan quickly

-
Image
The Election Commission (EC) had recently advised the current opposition pact, Pakatan Rakyat comprising PAS, PKR and DAP, to register their coalition so that they could use their logo in the coming general election. EC deputy chairman Datuk Wan Ahmad Wan Omar said the coalition should be registered because the opposition parties were always seen violating regulations of the election campaign, especially on the use of their logo. Datuk Wan Ahmad seems to be overly ignorant and too forgetful on this issue. The EC deputy chairman should ask the Registrar of Societies (ROS) to quickly register the Pakatan instead of calling on Pakatan to register itself. Pakatan Rakyat had earlier send in their formal application to register itself as a coalition of political parties since November 2009 and ROS has yet to register the said entity till today after delaying and creating so many hassles for more than a year. It is not Pakatan who is delaying on its application but it was the ROS who is just...
Read more

USM fiasco a shame

-
I read and heard with irritation and felt disgusted with the fiasco committed by the apex status university called Universiti Sains Malaysia (USM) which caused untold anguish to the affected students and their parents. If this happened in Japan, the Vice-Chancellor would have done the honourable thing - take full responsibilty and leave, but here in Malaysia, as expected, the blame is shifted here and there, trying to make someone a scapegoat. By the way, would there be any racist or sabotage elements involved? Those who are responsible for this fiasco should be sacked or expelled immediately.
Read more

Federal Constitution that Safeguards the Legitimate Rights and Interest of All Malaysians

-
Image
The provisions of the Federal Constitution are very clear. It confirmed the position of the Malay Rulers, Islam as an official religion of the federation and special position of the Malays and the natives in Sabah and Sarawak whilst recalling that those provisions balance those special positions with safeguards to protect the legitimate rights and interests of the other communities in Malaysia which also includes their right to profess and practice their religions freely without being fear of any threats or being harmed by anybody. The legitimate interests of the non-Malays and non-Muslims would include, amongst others: a) Article 153 (9) says that business or trade cannot be solely reserved only for the Malays, b) Article 3 (1) says that the official religion of the federation is Islam BUT other religions are also allowed to be practiced in peace and harmony in any part of the federation. This means, the other communities too have their fundamental legitimate rights and interest here ...
Read more