Dealing with shares on a shareholder's death: The plight of the deceased's personal representative

Objective – This paper aims to examine the extent of personal representative‘s duties and liabilities in dealing with shares on the death of a shareholder. The paper also analyses the procedure to administer the shares and the available options to the estate beneficiaries with regards to their entit...

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Main Authors:	Halim, Akmal Hidayah, Mohd Salim, Wan Noraini, Hassan, Halyani, Mohd Noor, Nor Azlina, Arshad, Azhani
Format:	Article
Language:	English
Published:	GATR Enterprise 2015
Subjects:	K Law (General)
Online Access:	http://irep.iium.edu.my/42244/ http://irep.iium.edu.my/42244/ http://irep.iium.edu.my/42244/1/GJBSSR_Akmal-Hidayah-Halim_%281%29.pdf

id	iium-42244
recordtype	eprints
spelling	iium-422442015-03-10T00:56:12Z http://irep.iium.edu.my/42244/ Dealing with shares on a shareholder's death: The plight of the deceased's personal representative Halim, Akmal Hidayah Mohd Salim, Wan Noraini Hassan, Halyani Mohd Noor, Nor Azlina Arshad, Azhani K Law (General) Objective – This paper aims to examine the extent of personal representative‘s duties and liabilities in dealing with shares on the death of a shareholder. The paper also analyses the procedure to administer the shares and the available options to the estate beneficiaries with regards to their entitlements to the shares. Methodology/Technique – The discussion adopts the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions as provided by the Probate and Administration Act 1959 and the Companies Act 1965, case law and other legal and non-legal literatures relating to the duties and liabilities of the personal representative in dealing with the deceased’s shares. Findings – The personal representative stands vulnerable to be sued for civil liability for the loss arising from his failure to promptly realize and convert the shares, or charged for criminal offences in cases where he wastes or converts the shares to his own personal use. As for estate beneficiaries, their rights to the shares are subject to the Memorandum and Articles of Association of each company. Novelty –This paper highlights the procedure to administer shares that constitute part of the deceased’s estate in Malaysia. Type of Paper: Conceptual GATR Enterprise 2015 Article PeerReviewed application/pdf en http://irep.iium.edu.my/42244/1/GJBSSR_Akmal-Hidayah-Halim_%281%29.pdf Halim, Akmal Hidayah and Mohd Salim, Wan Noraini and Hassan, Halyani and Mohd Noor, Nor Azlina and Arshad, Azhani (2015) Dealing with shares on a shareholder's death: The plight of the deceased's personal representative. Global Journal of Business and Social Science Review, 1 (1). pp. 25-32. ISSN 2289-8506 http://www.gjbssr.org/
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	K Law (General)
spellingShingle	K Law (General) Halim, Akmal Hidayah Mohd Salim, Wan Noraini Hassan, Halyani Mohd Noor, Nor Azlina Arshad, Azhani Dealing with shares on a shareholder's death: The plight of the deceased's personal representative
description	Objective – This paper aims to examine the extent of personal representative‘s duties and liabilities in dealing with shares on the death of a shareholder. The paper also analyses the procedure to administer the shares and the available options to the estate beneficiaries with regards to their entitlements to the shares. Methodology/Technique – The discussion adopts the doctrinal analysis by examining the existing primary and secondary materials including statutory provisions as provided by the Probate and Administration Act 1959 and the Companies Act 1965, case law and other legal and non-legal literatures relating to the duties and liabilities of the personal representative in dealing with the deceased’s shares. Findings – The personal representative stands vulnerable to be sued for civil liability for the loss arising from his failure to promptly realize and convert the shares, or charged for criminal offences in cases where he wastes or converts the shares to his own personal use. As for estate beneficiaries, their rights to the shares are subject to the Memorandum and Articles of Association of each company. Novelty –This paper highlights the procedure to administer shares that constitute part of the deceased’s estate in Malaysia. Type of Paper: Conceptual
format	Article
author	Halim, Akmal Hidayah Mohd Salim, Wan Noraini Hassan, Halyani Mohd Noor, Nor Azlina Arshad, Azhani
author_facet	Halim, Akmal Hidayah Mohd Salim, Wan Noraini Hassan, Halyani Mohd Noor, Nor Azlina Arshad, Azhani
author_sort	Halim, Akmal Hidayah
title	Dealing with shares on a shareholder's death: The plight of the deceased's personal representative
title_short	Dealing with shares on a shareholder's death: The plight of the deceased's personal representative
title_full	Dealing with shares on a shareholder's death: The plight of the deceased's personal representative
title_fullStr	Dealing with shares on a shareholder's death: The plight of the deceased's personal representative
title_full_unstemmed	Dealing with shares on a shareholder's death: The plight of the deceased's personal representative
title_sort	dealing with shares on a shareholder's death: the plight of the deceased's personal representative
publisher	GATR Enterprise
publishDate	2015
url	http://irep.iium.edu.my/42244/ http://irep.iium.edu.my/42244/ http://irep.iium.edu.my/42244/1/GJBSSR_Akmal-Hidayah-Halim_%281%29.pdf
first_indexed	2023-09-18T21:00:15Z
last_indexed	2023-09-18T21:00:15Z
_version_	1777410575929704448

Dealing with shares on a shareholder's death: The plight of the deceased's personal representative

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