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Board Resolution For Subscribing Shares Of Other Company for Malaysia

Board Resolution For Subscribing Shares Of Other Company Template for Malaysia

A formal board resolution document governed by Malaysian law, specifically compliant with the Companies Act 2016, that records the board of directors' decision and authorization to subscribe for shares in another company. This document outlines the key terms of the share subscription, including the number of shares, consideration amount, and strategic rationale for the investment. It serves as official evidence of proper corporate governance and decision-making processes, incorporating necessary declarations of directors' interests and specific authorizations for executing the transaction.

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Board Resolution For Subscribing Shares Of Other Company

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What is a Board Resolution For Subscribing Shares Of Other Company?

A Board Resolution For Subscribing Shares Of Other Company is a crucial corporate governance document used in Malaysia when a company intends to invest in another company through share subscription. This document, governed by the Malaysian Companies Act 2016, is required to formally record the board's approval of the investment decision and demonstrate proper corporate governance. It is typically prepared following detailed due diligence and contains essential information about the investment rationale, share subscription terms, and specific authorizations granted to execute the transaction. The resolution must comply with both statutory requirements and the company's constitution, particularly regarding investment powers and decision-making procedures.

What sections should be included in a Board Resolution For Subscribing Shares Of Other Company?

1. Title and Date: Formal title of the resolution and date of the board meeting

2. Present: List of directors present at the meeting and confirmation of quorum

3. Chairperson: Identification of the chairperson of the meeting

4. Background: Context of the proposed share subscription, including details of the target company and strategic rationale

5. Consideration of Documents: List of documents tabled and considered by the board

6. Declaration of Interests: Directors' declarations of any interests in the transaction

7. Key Terms of Subscription: Details of the share subscription including number of shares, price per share, and total consideration

8. Board's Deliberation: Summary of the board's evaluation and determination that the subscription is in the company's best interests

9. Resolution: The formal resolution(s) being passed, including approval of the subscription

10. Authorization: Authority granted to specific officers to execute documents and take necessary actions

11. Closure: Formal closing of the resolution with signature requirements

What sections are optional to include in a Board Resolution For Subscribing Shares Of Other Company?

1. Financing Arrangements: Include when the share subscription requires specific financing arrangements or borrowing approval

2. Regulatory Compliance: Include when specific regulatory requirements or approvals need to be addressed

3. Risk Assessment: Include when a formal risk assessment needs to be documented as part of the decision-making process

4. Conditions Precedent: Include when the share subscription is subject to specific conditions that must be met

5. Related Party Transaction: Include when the subscription involves a related party and specific considerations need to be documented

What schedules should be included in a Board Resolution For Subscribing Shares Of Other Company?

1. Schedule 1 - Share Subscription Agreement: Draft or final version of the share subscription agreement to be entered into

2. Schedule 2 - Company Information: Key information about the target company including corporate details and financial information

3. Schedule 3 - Valuation Report: Summary or full version of any valuation report relied upon

4. Schedule 4 - Due Diligence Report: Key findings from due diligence investigations

5. Schedule 5 - Power of Attorney: If required, draft power of attorney authorizing specific individuals to execute documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Board Resolution

Cost

Free to use
Relevant legal definitions











Clauses

















Relevant Industries

Financial Services

Manufacturing

Technology

Real Estate

Healthcare

Energy

Telecommunications

Consumer Goods

Professional Services

Infrastructure

Education

Retail

Relevant Teams

Legal

Finance

Corporate Secretarial

Compliance

Corporate Development

Investment

Board of Directors

Executive Management

Corporate Governance

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Corporate Legal Manager

Investment Director

Board Director

Managing Director

Finance Director

Compliance Officer

Corporate Governance Officer

Investment Manager

Business Development Director

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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