Question: CASE STUDY Robert was appointed as a person to make reservation of the company name at Companies Commissioner Malaysia. He does necessary step to form

CASE STUDY

Robert was appointed as a person to make reservation of the company name at Companies Commissioner Malaysia. He does necessary step to form the company. Durian Comel Sdn Bhd is the name that been reserved by the Registrar. When Robert wants to leave the Companies Commisioner Malaysia, he gets a phone call from Eazy Durian Sdn Bhd at Bangsar who get a knowledge that Durian Comel Sdn Bhd will supply Musang King Gred AA. Eazy Durian Sdn Bhd would like to order three lorries of Musang King Gred AA from Durian Comel Sdn Bhd. Robert without hesitate accept the offer. On 2nd March 2022, Robert receive a phone call from the Registrar saying that he had not came to Companies Commisioner Malaysia to confirm on the reservation name of Durian Comel Sdn Bhd and he also not pay any registration fee yet. Ameenah and Julia who is the members of Durian Comel Sdn Bhd knowing about this very shocked and they wondering about the business that they run with other suppliers including Eazy Durian Sdn Bhd. While Eazy Durian Sdn Bhd after have a knowledge about the situation of Durian Comel Sdn Bhd, refused to proceed the business with Durian Comel Sdn Bhd and claim damages. The members met Robert and ask Robert to solve the problems. Robert feel worried and he doesnt know what to do. In the meantime, Durian Comel Sdn Bhd also did make a loan with Cash and Carry Financial Institution by charge their premise building as a fixed charge for the sum of RM200, 000. After a while in 27 February 2022, Durian Comel Sdn Bhd has conduct a fixed charge over a debenture for the amount of RM100, 000 from Bank Melaka because they need to export the durian to Beijing. Nonetheless, because of the incident of 2nd March 2022, all the suppliers or customers suddenly wants to stop from being part of the business with Durian Comel Sdn Bhd. While then, the company also doesnt have money to pay both of Cash and Carry Financial Institution and Bank Melaka.

Questions

  1. What is the issue of the case study above?
  2. Advise Robert and Durian Comel Sdn Bhd.
  3. What are the section laws for the above case study issue?

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