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Employer didn't pay salary for 2 months. Seeking for legal advice

287 Views  ⚫  Asked 1 Year Ago
asked on Jul 27, 2016 at 18:14
by   Jerry
Hi all,

I'm a 1% shareholder and director in the company. I'm also an employee in the company. This company is running out of funds to pay the employees and this company also owing almost 1 millions to our suppliers.
Currently we have no ideas what we should do. The boss already owing 2 months salary to the employees.

I have some questions to ask:
1. What I can do to grant the authority to sign the bank cheque and help my colleagues to get their salary? Or can I check the bank account?
2. As a 1% shareholder and director, I understand that I cannot resign as a shareholder and director. Then what I can do to remove my name or resign from this company. If none of the above, can I request to close down the company/business?
3. Do I have the responsibility to pay for the debts? I'm not the guarantor.
4. What I can do if I go to company secretary office?

Thanks in advance.
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1 Answers

answered on Jul 28, 2016 at 15:01
by   vkpc
The boss already owing 2 months salary to the employees.
Wrong.  The company is owing, not the boss.
By being a shareholder and director, you are one of the bosses.
 
1. What I can do to grant the authority to sign the bank cheque and help my colleagues to get their salary?
Only in a AGM or EGM meeting can the directors/shareholders decide who will be the signatories.

Or can I check the bank account?
Of course cannot-lah.  You cannot even check your own mother's bank account.

2. As a 1% shareholder and director, I understand that I cannot resign as a shareholder and director.
Wrong, you can sell your shares to another person. ( if other shareholders agree to it )
You can resign as director if there is more than 2 directors or if another person agrees to be appointed as a director.

can I request to close down the company/business?
A Petition to wind up a company must be made through the High Court.

3. Do I have the responsibility to pay for the debts? I'm not the guarantor.
If the company do not pay EPF, you may be barred from travelling overseas.
 
4. What I can do if I go to company secretary office?
Drink coffee.
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