[2019] CLJ JT (6)
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UNITED RENEWABLE ENERGY CO LTD v. TS SOLARTECH SDN BHD
HIGH COURT MALAYA, KUALA LUMPUR
ONG CHEE KWAN JC
[ORIGINATING SUMMONS NO: WA-24NCC-234-05-2019]
5 AUGUST 2019

COMPANY LAW: Shares – Transmission of shares – Merger of companies – Passing of title of shares held by preceding company to succeeding company – Succeeding company requested to be registered as shareholder of company in respect of ordinary shares – Company refused to recognise passing of title of shares held by preceding company to succeeding company – Whether merger carried transmission of shares to succeeding company by operation of law – Whether transmission of shares ought to be registered – Whether register of members ought to be rectified – Whether succeeding company must execute share transfer form and Board resolution approving share transfer – Difference between transmission of shares and transfer of shares – Doctrine of universal succession – Companies Act 2016, ss. 103, 105(1), (4) & 109(1)

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