2023-06-14 at

I made a mistake, and it was probably criminal

It is said, "there are no limitations periods for criminal offenses under Malaysian law". And, in light of this I reflect upon certain past actions of my own individual self, which have been conducted in the Malaysian business environment.

Law

The Companies Act (125) 1965, basically says that shares in corporations ( a superset of companies ) may not be offered for sale to the public. (This law has since been superseded by a more recent one, regarding the same domain.)

Facts / Possible Locus of Infringement

In 2015, an advertisement was shared with me, regarding the availability of a tenancy of a commercial space with some leftover equipment in it. On social media, I organised a marketing campaign to determine the quantity and scope of public interest in a hypothetical business which I was interested to venture into, based on the opportunities availed by that tenancy. 

In some comments on that campaign, I had said such as (verbatim), 

Interpretation

Based on my recent reading of the relevant law, I now see my mistake, in contravening that law. I've only studied this for two days now, so, it's relatively new and interesting to me.

At the time of those actions, I was not aware of the law which I contravened by definition ... recklessly, due to ignorance. Currently, I do not anticipate that I have much recourse in the event that the AGC may decide to prosecute me for the same. Nor can I imagine much defense on my part, should there be lawsuits filed against me for related torts, perhaps of negligence. 

That being said, I am no lawyer, and I am writing this reflection merely as a citizen who from time to time reads the laws. Should there be any lawsuits or criminal charges arising from the same, I expect some lawyers more educated than myself on these matters, may have differing opinions - and those opinions might in turn affect and change my future opinion.

Background

I had for a time been working in the technology sector, where it was common for entrepreneurs and inventors to raise funds from various sources in "bootstrapping" their small businesses. This was the limit of my exposure to such practices, having no greater professional experience in the same.

Foreground

Moving forward, I hope that this case study serves to inform myself, and readers of their rights and responsibilities. I hope to further improve both my understanding of Malaysian law, and my compliance with the same.

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