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Notis Kehadiran & Representative of a company

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asked on Jan 12, 2017 at 04:29
by   Kingston
Hi there

My company (Sdn Bhd) is owing to a financial institution for RM300k+ for leasing of a machinery. 

The lease financing is guaranteed by myself, my brother & two outsiders who are our business partners. But only both my bro & me are the directors of my company.

Due to failure to serve the instalment payments for more than 3 mths, my co had received a notice of termination from the representing lawyers of the leasing co in Dec'16. We had subsequently paid two instalments without informing the lawyers.

We have now received a writs of summon from the lawyers & are required to enter appearance in the court within 14 days followed by a case management.

Questions:

1. Can I be a representative of my co & file a notis kehadiran on behalf of my co since I'm a director? Must my co be represented by a lawyers? My co is not affordable to bear the legal costs which could be huge after years of legal proceedings.

2. Can notis kehadiran be obtained from the court counter or it should be prepared by our own earlier? I saw some samples here earlier. Can i use the sample to prepare a notis kehadiran myself? Would it be acceptable?

3. Why the financial institution choose not to take possession of the machine but initiate a legal proceedings against us? The machine do worth some money which should be sufficient to cover the outstanding.

4. We need some time to find buyer for the machine to repay the debts. Will the judge accept this reason & postpone the judgement & advise us for an outside court settlement?

5. Would the lawyers enter judgement against us in default of appearance by two of the four guarantors? 

6. With the appearance filed by my co, my brother & myself, would the scheduled case management as stated in the lawyers letter be proceeded without the presence of two guarantors?

Appreciate urgent reply to my questions.
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3 Answers
answered on Jan 12, 2017 at 15:41
by   notalawyer
Who is being sued? Who are the named defendants?
The company or the directors or the guarantors?

1. Can I be a representative of my co & file a notis kehadiran on behalf of my co since I'm a director?
Can, since the Court is usually lenient in the filing of Notice of Appearance.

Must my co be represented by a lawyers?
My co is not affordable to bear the legal costs which could be huge after years of legal proceedings.
By law, a company must be represented by a lawyer.
A director, manager or shareholder cannot represent a company.
However, your case will probably be over in 2-6 months, not years.
Maybe you can look for a junior lawyer and assist him/her to save costs.

2. Can the Notis Kehadiran be obtained from the court counter or it should be prepared by our own earlier? I saw some samples here earlier. Can i use the sample to prepare a notis kehadiran myself? Would it be acceptable?
It would be easier to prepare it yourself on behalf of the company.

4. We need some time to find buyer for the machine to repay the debts. Will the judge accept this reason & postpone the judgement & advise us for an outside court settlement?
No.  You need to find other ways to delay the trial.
The first way is to file a Notis Kehadiran.
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answered on Jan 12, 2017 at 15:51
by   notalawyer
If the company is sued, it must be represented by a lawyer.
( but a director should be able to file a Notis Kehadiran on behalf of the company)

If any person ( director or guarantor ) is sued ( name listed in Writ Summoms ) that person can self-represent without a lawyer.
Each person must file his/her own Notis Kehadiran.

Do not delay filing the Notis Kehadiran unless you want judgement to be entered against you.
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answered on Jan 12, 2017 at 22:09
by   Kingston
Hi there

Thank you for your prompt advice.

FYI, the company & 4 guarantors (2 of them are also directors of the company) are being sued.

I have gotten sample Notis Kehadiran from a friend. Meanwhile, we will file in the Notis as soon as possible while discussing with the financial institution on the outside court settlement.
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