(letterhead of name of sender)
(Name & Address of Recipient)
(ATTN: insert name)
Re: Notice of Demand
Outstanding company documents due and owing to (insert name of company)
______________________________________________________________________________________________________
We refer to the above matter wherein we act for (insert name) (“Our Client”)
We have been informed by Our Client that notwithstanding numerous reminders made to you, until todate, you have failed to provide the company documents ie the financial report of (insert name of company) (“the company”) to our client.
As the company secretary of the company, while being fully aware of the consequences for the delay of submitting the financing report and necessary documents to the authorities, you have defeated the possession by denying access to submit the necessary documents to the authorities. Your action has clearly caused the company to suffer severe and irreparable damage to it corporate image and also contributed to the further accrual interest on the penalties.
TAKE NOTICE that we have Our Client’s instruction to DEMAND you to IMMEDIATELY provide the necessary company documents and not to remove or amend any of the company documents as such would amount to theft/criminal misappropriation and criminal breach of trust.
TAKE NOTICE that Our Client is now exercising his statutory rights as a director of the company under section 261 of the Companies Act 1965 to DEMAND you to IMMEDIATELY produce and deliver all company documents and record to us within 7 days from the receipt of this letter.
Please TAKE NOTICE that failure to comply with the above demands within stipulated timeframe, we have our client’s instructions to:
- Lodge a police report against you for the commission of criminal breach of trust;
- Lodge a report to Companies Commission of Malaysia against you for offence under Section 132 and 167 of the Companies Act 1965; and
- Initiate civil action against you for all losses and damages caused directly and indirectly by you the company and our client .
LASTLY TAKE NOTICE that our client reserves his right to make further demand(s) in respect of any other rights and remedies .
Thank you.
Yours faithfully,
(name of sender)
