A Board Resolution To Issue New Shares is a crucial corporate document required under Malaysian law whenever a company decides to increase its share capital through the issuance of new shares. This document is essential for compliance with the Companies Act 2016 and demonstrates proper corporate governance in share capital decisions. It is typically used when a company needs to raise additional capital, bring in new investors, implement employee share schemes, or undertake corporate restructuring. The resolution must include specific details about the share issuance, such as the number of shares, price, and terms, while ensuring compliance with statutory requirements, the company's constitution, and for listed companies, Bursa Malaysia's regulations. This document serves as official evidence of the board's decision and authorizes company officers to proceed with the share issuance process.
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1. Title and Date: Formal title of the resolution and date of the board meeting
2. Company Details: Full legal name and registration number of the company
3. Present Directors: List of directors present at the meeting and confirmation of quorum
4. Chairperson: Identification of the chairperson of the meeting
5. Background: Context and reasons for the proposed share issuance
6. Confirmation of Authority: Statement confirming board's authority to issue shares under the constitution
7. Resolution Details: Specific details of the share issuance including number, class, and price of shares
8. Compliance Statement: Confirmation of compliance with Companies Act 2016 and other relevant laws
9. Authorization: Authorization for officers to execute necessary documents and take required actions
10. Closure: Formal closing of the resolution with signatures
1. Listing Requirements Compliance: For listed companies, confirmation of compliance with Bursa Malaysia requirements
2. Pre-emptive Rights Waiver: If applicable, waiver of existing shareholders' pre-emptive rights
3. Share Issuance Scheme Details: For employee share schemes, specific details of the scheme
4. Special Rights or Restrictions: If issuing shares with special rights or restrictions
5. Consideration Details: If shares are issued for non-cash consideration
6. Foreign Investment Compliance: If shares are being issued to foreign investors
1. Share Issuance Terms: Detailed terms and conditions of the new shares
2. Subscription Agreement: Draft or final version of share subscription agreement if applicable
3. Shareholding Structure: Pre and post-issuance shareholding structure
4. Valuation Report: If shares are issued at premium or for non-cash consideration
5. Legal Opinion: If obtained, regarding compliance with relevant laws and regulations
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Technology
Manufacturing
Real Estate
Healthcare
Retail
Energy
Telecommunications
Professional Services
Consumer Goods
Industrial
Agriculture
Mining
Construction
Education
Relevant Teams
Legal
Corporate Secretarial
Finance
Compliance
Corporate Governance
Executive Management
Board of Directors
Investment Relations
Corporate Affairs
Risk Management
Relevant Roles
Chief Executive Officer
Chief Financial Officer
Company Secretary
Corporate Lawyer
Legal Counsel
Board Director
Managing Director
Finance Director
Compliance Officer
Corporate Governance Officer
Investment Relations Manager
Share Registrar
Corporate Secretary
Board Chairman
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