I have this Sdn Bhd tenant who wants to close his company and not paying his rental and damages. My lawyer told me I can take legal action to the company together to the directors individually to recover my rental lost, legal fee and damages. He said it is new practice. After checked with second and third lawyers, they told me it is impossible for me to do so.

I sincerely appreciate your advice and experience about the matter. It is possible for me to do so to recover my losses? How much legal fee and time do I have to prepare for such battle?

This post has been edited by CP1522: Oct 14 2017, 08:55 AM

How many months of rental unpaid? If it is not too much, best to just move on.

Bro
Next time do some research and dont listen to all the lawyers.

Personal Liability For Directors under existing Company Law
https://gavinjayapal.wordpress.com/2015/03/...onal-liability/


Additional Personal Liability for Directors under updated Company Law

http://www.ey.com/Publication/vwLUAssets/E...es-act-2016.pdf

Director(s) who issue a
solvency statement without
reasonable grounds will be
personally liable and may be
subject to:
► A maximum fine of
RM500,000; and/or
► Imprisonment for a term
not exceeding 5 years

4 months excluding lawyer fee and damages. Moreover, he has caused me psychologically trauma. I need to confirm in future should I have company or individual as registered tenant.

This post has been edited by CP1522: Oct 14 2017, 09:42 AM

Thank you very much for your light. I desperately need one now.

After reading your refer materials, I appreciate if you could confirm me what circumstances amount to

1. "Not misrepresent the nature of any contract or make false promises". Does director of a company who is tenant who promised to move out my premises by date failed to do so amount to such offence?

2. Is solvency statement a requirement for Sdn Bhd who just wants to close company even making profit?

3. Could you throw some more light on "reasonable grounds" that a Sdn Bhd could have breached during issue solvency?

I thank you for your patient on my poor language and understanding of law.

This post has been edited by CP1522: Oct 14 2017, 09:49 AM

Directors are personably liable when they performing an act that is illegal against the state ( e.g . Didn’t pay tax , epf .. etc)

For cases against individual it usually won’t apply.
So from a practical perspective I don’t think you have chance.

You can read more details here and post more questions here :
https://www.lawyerment.com/answers/question...ion-in-malaysia

Good thread for knowing about the law in regards to one faced with this kind of situation. Parking for futute reference.

Thank you for your valuable insight. I am reading through the article and trying to comprehend bit by bit.