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 ”  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
Date Written: August 29, 2016
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: Suggested Citation