ABSTRACT
The judicial and legal system in Malaysia is essentially based on the English common law model. The Courts of Judicature Act 1964 governs the structure and jurisdiction of the various courts. The Companies Act 1965 (CA) together with the Companies Regulations 1966 and the Companies Rules 1972 made thereunder govern the regulation of companies in Malaysia. In view of the historical origins of the CA, company law in Malaysia is greatly influenced by case-law in England and Australia. Under the Malaysian Constitution, the federal government has responsibility, by virtue of the federal power relating to corporations, to legislate and implement laws relating to companies. In some cases specific provision is made granting jurisdiction to lower courts; an example of this is the Magistrate’s and Sessions Court’s jurisdiction over prosecutions for offences under the Companies Act. The regulation of mergers and takeovers is further circumscribed by the requirements of the Foreign Investment Committee.
