law of malaysia @ company law

chia_007007

小弟来自tarc yr3 student， 做着company law的assignment，我是accounting学生，所以对这subject过blur了@@希望在这里可以得到大家答案的帮助>,<

Question

Bayah is an anchovy’s fisherman in the coastal waters of astate on the east coast of Malaysia. The stocks of anchovies in these watersare limited and subject to protective legislation to ensure regeneration.Hence, the Anchovy’s Fishing and Marketing Act* provides for a quota system.Under the quota system a person must apply for a quota which will permit him orher to catch 10 tonnes of anchovies in a calendar year. Further, the Anchovy’sMarketing Authority will purchase any anchovies up to the quota limit for eachperson.

The Act also provides for a number of offences. It providesthat it is an offence to sell anchovies caught in the state’s coastal waters toany person other than the Anchovy’s Marketing Authority and it further providesthat it is an offence to catch more than the quota limit. Each offence carriesa fine of up to RM 50,000.

Bayah has the physical capacity to catch more than 10 tonnesof anchovies in a year and wishers to make more money from his business. Hisdaughter, Rela tells him that by incorporating a company called Bayah Sdn Bhdwith his daughter he could double his catch.

(1)   1， Rela is aware that Bayah Sdn Bhd is a legalperson. Lay out three essential characteristics of its legal personalityrelevant o the question accompanied by the necessary case law. (8marks)

(2)   2，A competitor of Bayah, Mr Lama, wants toinitiate proceedings in court so that the court would lift the corporate veilof Bayah Sdn Bhd. Identify two relevant case law categories for lifting thecorporate veil accompanied by the relevant case law. (3 marks)

(3)  3，Using the two relevant case law categoriesstated in (2) above, explain the principles of these laws. (5 marks)

(4)  4， Apply the law regarding the two case lawcategories described in (2) and (3) to the facts of this question. Advise Mr.Lama as to whether the two relevant case law categories are strong grounds tolift the corporate veil of Bayah Sdn Bhd. (4 marks)