QUESTION Serai and Kunyit are directors of Pasir Sdn Bhd, an engineering company (hereinafter referred to...

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QUESTION Serai and Kunyit are directors of Pasir Sdn Bhd, an engineering company (hereinafter referred to as the company) whose sole purpose is to develop reserve land in Selangor into a low-cost housing estate. The company recently tried to bid on a tender worth RM10 million and asked Serai to prepare a proposal for that matter. While preparing the proposal, Sarai was approached by his friend, Halia, who was also interested in the tender. Halia asked Serai to help him with the proposal and promised to pay the latter 10% of the tender value if succeeded. Serai agreed with it and prepared the proposals for both parties. Upon submission, it turned out that the proposal prepared for Halia was more attractive and convincing than the one prepared for the company. As a result, the company lost the tender to Halia, and Serai thereafter resigned from his position as a director. As an engineering company, and to expand its business, Pasir Sdn Bhd entered into some other contracts signed by Serai while he was still a director of the company. One of the contracts is to build a shopping complex in the middle of Petaling Jaya area. However, due to incompetent planning, the project was halted, and this caused the company to suffer significant losses. The company later discovered that Serai had joined a new business named Debu Sdn Bhd that won the tender after he resigned from Pasir Sdn Bhd and appointed Serai as its director. The company also learned that Debu Sdn Bhd was formed by Serai and Halia while the former was still a director of Pasir Sdn Bhd. Meanwhile, the company received information that Kunyit is a bankrupt person after being declared as such by the High Court of Brunei a year ago. During that period, Kunyit signed a few contracts worth RM50 million with third parties on behalf of the company. Based on the above situations, advise Pasir Sdn Bhd as regards the laws governing the company and its directors as provided in the Companies Act 2016. Support your answer with relevant authorities. QUESTION Serai and Kunyit are directors of Pasir Sdn Bhd, an engineering company (hereinafter referred to as the company) whose sole purpose is to develop reserve land in Selangor into a low-cost housing estate. The company recently tried to bid on a tender worth RM10 million and asked Serai to prepare a proposal for that matter. While preparing the proposal, Sarai was approached by his friend, Halia, who was also interested in the tender. Halia asked Serai to help him with the proposal and promised to pay the latter 10% of the tender value if succeeded. Serai agreed with it and prepared the proposals for both parties. Upon submission, it turned out that the proposal prepared for Halia was more attractive and convincing than the one prepared for the company. As a result, the company lost the tender to Halia, and Serai thereafter resigned from his position as a director. As an engineering company, and to expand its business, Pasir Sdn Bhd entered into some other contracts signed by Serai while he was still a director of the company. One of the contracts is to build a shopping complex in the middle of Petaling Jaya area. However, due to incompetent planning, the project was halted, and this caused the company to suffer significant losses. The company later discovered that Serai had joined a new business named Debu Sdn Bhd that won the tender after he resigned from Pasir Sdn Bhd and appointed Serai as its director. The company also learned that Debu Sdn Bhd was formed by Serai and Halia while the former was still a director of Pasir Sdn Bhd. Meanwhile, the company received information that Kunyit is a bankrupt person after being declared as such by the High Court of Brunei a year ago. During that period, Kunyit signed a few contracts worth RM50 million with third parties on behalf of the company. Based on the above situations, advise Pasir Sdn Bhd as regards the laws governing the company and its directors as provided in the Companies Act 2016. Support your answer with relevant authorities.