Whither the Common Law Derivative Action? A Malaysian Case Study

This material was first published by Thomson Reuters (Professional) UK Limited in Mohammad Rizal Salim, “Whither the Common Law Derivative Action? A Malaysian Case Study ” [2016] I.C.C.L.R., Vol. 27, Issue 1 and is reproduced by agreement with the Publishers.

4 Pages Posted: 29 Aug 2016 Last revised: 27 Feb 2017

See all articles by Mohammad Rizal Salim

Mohammad Rizal Salim

Nottingham University Business School, Malaysia Campus

Date Written: August 29, 2016

Abstract

Malaysia has had a statutory protection for derivative action since 2007. However, unlike most other common law countries, the common law derivative action has been preserved to exist alongside the statutory action, By using a case study, this article forwards evidence that having the two actions co-exist complicates the law, and proposes for the abolition of the the common law derivative action.

Keywords: Malaysia, shareholders' remedies, derivative action, corporate governance

JEL Classification: K22, G3

Suggested Citation

Salim, Mohammad Rizal, Whither the Common Law Derivative Action? A Malaysian Case Study (August 29, 2016). This material was first published by Thomson Reuters (Professional) UK Limited in Mohammad Rizal Salim, “Whither the Common Law Derivative Action? A Malaysian Case Study ” [2016] I.C.C.L.R., Vol. 27, Issue 1 and is reproduced by agreement with the Publishers., Available at SSRN: https://ssrn.com/abstract=2831291

Mohammad Rizal Salim (Contact Author)

Nottingham University Business School, Malaysia Campus ( email )

Nottingham University Business School
Jalan Broga
43500 Semenyih, Selangor 43500
Malaysia

HOME PAGE: http://www.nottingham.edu.my

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