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Heineken Malaysia Berhad
Company no. 5350-X
Page
50 of 51
166.1 If the Company shall be wound up and the assets available for
distribution among the members as such shall be insufficient
to repay the whole of the paid up capital such assets shall be
distributed so that as nearly as may be the losses shall be
borne by the members in proportion to the capital paid up, or
which ought to have been paid up at the commencement of
the winding up, on the shares held by them respectively.
166.2 If in a winding-up the assets available for distribution among
the members shall be more than sufficient to repay the whole
of the capital paid up at the commencement of the winding-
up, the excess shall be distributed among the members in
proportion to the capital paid up, or which ought to have been
paid up at the commencement of the winding up, on the shares
held by them respectively.
SECRECY CLAUSE
167.
Save as may be provided by the Act, no member shall be entitled to enter
into or upon or inspect any premises or property of the Company nor to
require discovery of any information respecting any detail of the
Company's trading, manufacturing or any matter which is or may be in
the nature of a trade secret or secret process which may relate to the
conduct of the business of the Company and which in the opinion of the
Directors, it would be inexpedient in the interest of the members of the
Company, to communicate to the public.
Secrecy
INDEMNITY
168.
Subject to the Applicable Laws of Malaysia, every Director, Managing
Director, agent, auditor, Secretary and other officer for the time being of
the Company shall be indemnified out of the assets of the Company
against any liability incurred by him in defending any proceedings,
whether civil or criminal, in which judgement is given in his favour or in
which he is acquitted or in connection with any application under the Act
in which relief is granted to him by the Court in respect of any
negligence, default, breach of duty or breach of trust.
Indemnity to
the Directors,
Managing
Director,
Secretary etc
RECONSTRUCTION
169.
On the sale of the undertaking of the Company, the Directors or the
liquidators on a winding up may, if authorised by a special resolution,
accept fully paid or partly paid-up shares, debentures or securities of
any other company, either then existing or to be formed for the purchase
in whole or in part of the property of the Company, and the Directors (if
the profits of the Company permit), or the liquidators (on a winding up),
may distribute such shares or securities, or any property of the Company
amongst the members without realisation, or vest the same in trust for
them and any special resolution may provide for the distribution or
appropriation of the cash, shares or other securities, benefits or
property, otherwise than in accordance with the strict legal rights of the
members or contributories of the Company, and for valuation of any
Reconstruction