Friday, April 23, 2010

Need clarification

I need some clarifications on this matter. I was a Director in a Sdn Bhd but resign in May 2006. As the company couldn't find a director to rpelace me during that time, I am only being released in August. The problem now is the Company has not been paying salaries and EPF of the staff in June until August.

I would like to know whether I am liable for this if EPF or the staff were to take action against the company as I was still the director during that period.

Hope to get some advice from experts out there.

3 comments:

  1. When did you resign? during the breaches or after learning of the breaches. How did you tender your resignation? did you do it in accordance with the notice provisions of the company's constitution? did you at least bring it to the attention of the others such as the secretary? did you do it in writing?

    Most important in such a situation is whether or not you had notice of what was happening. Were you aware of other breaches of the law? If you decided to resign because you began to feel the breaches had gone on long enough you may nopt be so secure. If you had constructive notice (third party informing you) and you did nothing, you are also not secure

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  2. resigned in May. I have sent the resignation letter to the company secretary and they acknowledged the letter with the date stated on it. When I left, everything has been paid. I left the company because of disagreement the other director. I have no knowledge that he is going to do something like that. FYI, he is a foreigner.

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