Reference no: EM132532284

AMP BHD , a construction business which was incorporated in 2018 has issued 9,000 shares. The company's director, Jonathan, owns 3,000 shares. Lee owns 3,000 shares and the remaining 3,000 shares are owned by a number of investors. The company has run at a loss and has never made any profit since 2018. Lee thinks that the company's poor performance is due to the poor management by the director. He thinks a change of management can certainly bring protit to the company. Therefore he starts buying the shares hcld by the investors with a view to vote Jonathan out of office. Jonathan knows about the plan. he immediately issued 3,000 new shares and offer to sell them to his friend, Kanda. When Lee realises his plan to remove Jonathan is not workable, he decides to sell his shares, but he cannot find a buyer. Jonathan causes the company to buy Lee's shares to get rid of him for good, Jonathan also decides to pay dividend out of the money from the new shares the company has issucd. Discuss the answer with reference to the following issues:

(e) Who can issue shares?;

(f) Whether the duty pf the director to act for proper purpose has been breached?;

(g) Whether share buyback is allowed?;

(h) Whether payment of dividend is lawful?