Corporate Litigation

The firm covers all aspects of the law relating to companies, ranging from contentious corporate litigation to corporate advisory work on corporate governance and the Companies Act 2016.

MWKA’s stable of corporate litigation specialists have represented start-ups, partnerships, liquidators, listed and private entities in resolving boardroom tussles, shareholders’ disputes and winding up litigations. Much of our contentious company law portfolio involves directors’ duties and breaches of fiduciary duty, minority protection, derivative actions, joint ventures disputes, post-mergers/acquisitions disputes and winding-up petitions. In addition, we regularly advise and deliver innovative strategies on both contentious and non-contentious corporate governance matters related to company general meetings, restructuring processes, take-over bids and buy out procedures.

At MWKA, we recognise that prevention is better than cure and regularly advise clients on risk management issues. We are committed to work closely with our clients and assist them in both domestic and cross-border corporate dispute resolution.

Our Services

Our lawyers have experience in claims arising from or relating to:

• Breach of fiduciary duty
• Company restoration (stay or termination of winding up)
• Court convened general meetings
• Corporate rescue mechanisms
• Derivative actions
• Director’s duties
• ​​Just and equitable winding up
• Minority oppression actions
• Rectification of registers
• Reinstatement of struck off companies
• Shareholder disputes
• Winding up petitions

Our Experience

• Advised and represented a property investment group in a dispute over its purchase of shares worth RM25 million in a company owning valuable land in Cameron Highlands. The claim in the High Court involved the rectification of the share register to have the new share certificates issued in favour of the purchaser and to replace the directors of the target company.
• Successfully defended two related companies with an annual turnover of RM7,000,000 and its directors in a minority oppression claim at the High Court and the Court of Appeal.
• Successfully opposed two ex-parte applications to injunct an extraordinary general meeting to remove a director of two related companies and a claim for wrongful removal of the director at the High Court and the Court of Appeal.
• Acted for a group for shareholders/investors and successfully obtained an order for pre-action discovery to formulate a claim for fraudulent misrepresentation against two companies and the directors of the companies.
• Acted and represented a company director in a matter involving financial assistance pursuant to section 67(1) of the Companies Act 1965 and negotiated a favourable settlement on behalf of the company director.
• Acted and represented directors to reinstate companies that have been struck off from the companies registry.

Reviews & Testimonials

• “Raymond Mah is a true professional, he is very knowledgeable and always there to provide timely legal advice whenever required. He is very patient and helpful and has a knack for making complex legal terms and issues easy to understand. It helps that his team is effectively bilingual in English and Mandarin. We are very satisfied with his excellent services (since 2005) and grateful for his help. It has been a great pleasure working with Raymond. We would like to thank him for his dedication, hard work and patience and would strongly recommend him to anyone seeking a good lawyer.” – Dr Chen Jau-Fei, E.Excel International
• “My wife and I would like to express our sincere appreciation to MWK & Associates for the meticulous attention to my wife’s problem with her directorship at Startel Technologies. The issue would seem to be small but Winnie was literally being bullied and harassed in trying to get her name removed as a director. The professionalism showed by MWK & Associates during the duration of the case was exemplary. Should we require legal assistance of this nature again, you can be sure that MWK & Associates will be our choice again.” – Lim Poh Yeow, Puchong, Selangor”
• “Based on my dealings with Raymond Mah, I am satisfied with the good knowledge of the law; vast experience; excellent analytical skills and ability to have a good grasp of complicated issues; great writing skills in preparing persuasive or compelling representations; quick response time (e.g. update of the day’s Court proceedings emailed to me before day’s end); patience. Raymond is particularly sharp, critical, creative and able to quickly make sense of what appear to be difficult issues. In terms of professionalism and quality or standard of services, I would rate MWKA as for better than many other legal firms of the same size that I know.” – Joseph Tan, Kuala Lumpur”