Articles

Overview of Stamp Duty for Transactional Documents – Federal Court’s Decision in Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem In the recent decision of Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem [2025] 2 MLJ 845, the Federal Court clarified critical...

Cross Border Personal Data Transfer Guidelines: Everything You Need to Know Recently, the Personal Data Protection (Amendment) Act 2024[1] has introduced amendments to Personal Data Protection Act 2010[2] (“PDPA”), including updated definitions, mandatory data breach...

Data Sharing Act 2025: Everything You Need to Know Introduction The Data Sharing Act 2025 ("the Act") marks a significant milestone in Malaysia’s commitment to enhancing digital governance through structured and secure inter-agency data exchange.[1] Coming into effect...

Consumer Credit Act: Insights Of Phased Implementation Introduction of the Consumer Credit Bill 2025 Regulations continue to be seen as critical to achieve stability in the increasingly complex and multi-faceted financial system. The Finance Minister II, Datuk Seri...

Overview Of Malaysia's Legal Framework For Acquisition Of Real Estate By Foreign Company Introduction Malaysia is a popular destination for foreign investment due to its relatively reasonable real estate costs. To further attract foreign investors, the country’s real...

Key Takeaways of the Data Sharing Act 2025 Introduction The Data Sharing Act 2025 (“Act”), which was passed by the House of Representatives on 12 December 2024 and has received Royal Assent,[1] represents a significant milestone in strengthening data governance within...

Key Amendments of OSHA 1994 and OSHAA 2022 Introduction The Occupational Safety and Health Act 1994 (“OSHA 1994”) was a landmark law aimed at ensuring safety, health and welfare at work. However, with changes in industries and emerging workplace risks, the...

A Guide to Securities Commission Regulatory Sandbox Definition and purpose: A regulatory sandbox is a framework that allows companies to test innovative capital market products or services within a controlled environment. It enables businesses to trial new solutions...

Federal Court: Kuala Dimensi Sdn Bhd v Port Kelang Authority [2025] CLJU 142 – Consideration Requirement for Contract Variations In our previous article[1], we covered the Court of Appeal’s decision in the Port Klang Free Zone case, where the Court of Appeal ruled...

Cross-Claim in Adjudication: Overview of the Court of Appeal's decision in Tera VA Sdn. Bhd. v Ayam Bintang Istimewa Sdn. Bhd. Introduction The principle of crossclaims is a well-established aspect of Civil Litigation. Upon receipt of a claim from an aggrieved Party...

Analysis of "Aggrieved Person" from the Court of Appeal's Decision in TransferWise Ltd. v Public Bank Berhad INTRODUCTION The legal concept of an "aggrieved person" plays a crucial role in trademark law, particularly in matters concerning the revocation of a...

Overview of Private Lease Scheme in Malaysia In 2012, a developer company known as Iskandar Investment Berhad introduced a unique arrangement that seems like a normal property purchase. However, in reality, it only granted their purchasers a long-term leasehold...

PREDICTION MARKET PLATFORMS: LEGAL ANALYSIS ON REGULATORY COMPLIANCE IN MALAYSIA    What are Prediction Market Platforms? Prediction markets are decentralized platforms accessible to the public, enabling participants to engage in real-time prediction trading. One...

Directorship and Employment: Analysis of Dual-Role Relationship in Woon Kim Choy v Acexide Technology Sdn Bhd & Anor [2024] MLJU 3109 Introduction Directors are often perceived as figures standing at the top of the company hierarchy, holding a distinct role...

D'Aloia v Person Unknown and others [2022] EWHC 1723 Introduction The case of D'Aloia v Person Unknown others [2022] EWHC 1723 before the High Court of England and Wales is centred around fraudulent misappropriation of cryptocurrency against several defendants. The...

Key Amendments to the Communications and Multimedia Act Pursuant to the Communications and Multimedia (Amendment) Bill 2024 The Communications and Multimedia (Amendment) Bill 2024 (“CMA Bill”) has brought forward a series of significant updates to the Communications...

Johor-Singapore Special Economic Zone (“JS-SEZ”) Tax Incentive Package Introduction On 7 January 2025, Malaysia and Singapore exchanged an agreement on the Johor-Singapore Special Economic Zone (“JS-SEZ”) signed by Malaysia’s Minister of Economy, Rafizi Ramli, and...

Federal Court in the Case of Telekom Malaysia Berhad v. Obnet Sdn Bhd: Significance of Written Arbitral Awards Introduction In Telekom Malaysia Berhad v. Obnet Sdn Bhd,[1] the Federal Court addressed the issue of whether an arbitrator’s oral pronouncement on liability...

Court of Appeal in the case of Yeng Chong Realty Bhd (Sebelum Ini Dikenali Sebagai Yeng Chong Realty Sdn Bhd) v Edward Stanislaus De Silva & Ors : Consideration on “Time is of the Essence” Preliminary "By time. Indeed, mankind is in loss." (Quran 103:1-2) Time...

Court of Appeal in the Case of Ong Kwee Lee v Able Perfect Sdn Bhd: Interpretation of Private Express Trust in Shares Sale Introduction The case of Ong Kwee Lee v Able Perfect Sdn Bhd [2025] MLJU 127 before the Court of Appeal centred around the legal interpretation...

Consultative Document and the Companies (Amendment) Act 2024: Roles of Nominee Shareholders On 22 December 2023, the Companies Commission of Malaysia (“CCM”) issued a consultative document regarding its proposed amendments to the Companies Act 2016 (“CA 2016”) related...

Denial of Natural Justice in CIPAA 2012: Insights from Ssangyong Engineering & Construction Co Ltd v Oxley Rising Sdn Bhd and Another Case  Introduction The Malaysian Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) is a pivotal piece of...

Energy Efficiency and Conservation Act 2024 (Act 861): Responsibilities of Energy Consumers In a significant stride towards sustainable energy use, Malaysia has enacted the Energy Efficiency and Conservation Act 2024 (Act 861). This comprehensive law is designed to...

Overview of the Guidelines for Sustainable Development of Data Centres By Alif Mustaqim                                                                                       Published 08.01.2025 Introduction Aiming to become the leading digital hub in Southeast Asia,...

Summary of Key Amendments to The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”) The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Amendment Bill (“Bill”) was passed by...

OFFERING UNLISTED SHARES TO THE PUBLIC: SECTION 43 AND SECTION 44 OF THE COMPANIES ACT 2016 In our previous write-up last March, we explored key considerations for investors regarding securities offerings by unlisted public companies. Building on that foundation, this...

Tracing and Recovering Stolen Cryptocurrencies: Legal Tools Available Introduction Cryptocurrency is a form of purely digital currency that operates using a blockchain-based system for secure and transparent data storage and transaction recording [1]. Cryptocurrency...

Mutual Variation of Written Contract: Port Kelang Authority v Kuala Dimensi Sdn Bhd [2024] 1 MLJ 252 Background Facts In 1993, the Government of Malaysia initiated efforts to develop and transform Port Klang into a national load centre and transhipment hub through the...

Position of Fixed-Term Contract Employment: Muhammad Fawaid Daud v Airod Sdn Bhd [2024] MELRU 836 & A Gilbert D’Cruz v Sapuraacergy Sdn Bhd & Anor [2021] MLJU 2010 Fixed-term employment contracts in Malaysia are agreements that specify a set duration of...

Winding Up Pursuant to an Adjudication Decision: Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU 545 Introduction The decision of the Malaysian Court of Appeal in Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU...

Consequences of Refusing to Pay Arbitration Deposits: Insights from the Case of JSB v ACSB Introduction Arbitration is widely recognised as the preferred method for resolving disputes, particularly in construction contracts. However, the associated costs – such as...

Rights to Inspect Documents by Directors: Principles in Low Ean Nee v. SNE Marketing Sdn Bhd [2024] 1 MLJ 447 The Statutory Right for Inspection of a Director A director’s right to inspect a company’s records is a statutory right explicitly provided under Section 245...

STRENGTHENING REGULATORY COMPLIANCE: UPDATES ON THE REVISED GUIDELINES ON LABUAN MONEY BROKER BUSINESS Introduction On 9 September 2024, the Labuan Financial Services Authority (LFSA) unveiled the revised Guidelines on the Establishment of Money Broking Business in...

Illegal Deposit-Taking: A Legal Perspective on Implications and Recovery for Victims Understanding Illegal Deposit-Taking Illegal deposit-taking can be defined as an individual or entity accepting, receiving or managing deposits such as cash or precious metals without...

NON-DELEGABLE DUTY OF CARE : IMPLICATIONS FROM SIOW CHING YEE V COLUMBIA ASIA SDN BHD [2024] 3 MLJ 66 Factual Background The Appellant, represented by his wife, suffered hypoxic brain damage after complications during emergency care at a hospital managed by the...

EU ARTIFICIAL INTELLIGENCE ACT: IMPLICATIONS FOR MALAYSIAN BUSINESSES Introduction Artificial Intelligence (“AI”) applications shape various aspects of your life in profound ways. They determine the information you encounter online by predicting the content most...

UNJUST ENRICHMENT AGAINST SANCTITY OF A CONTRACT : TAN CHONG INDUSTRIAL EQUIPMENT SDN BHD V TRANSNASIONAL EXPRESS SDN BHD & 6 ORS The principle of unjust enrichment ensures that no one is allowed to retain a benefit obtained at another's expense without a valid...

Case Update: Bringing Oppression to Court on Equitable Considerations: Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 Introduction The case of Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 was an appeal brought to...

The Legal Implications of Unregistered Franchises: An Analysis of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors Introduction The case of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors[1] is significant in the context of Malaysian franchise...

Termination of Contract on the Ground of National Interest The termination of a contract on grounds of national interest is a powerful legal tool enabling governments or designated authorities to end or modify agreements when the welfare of the public or the...

Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers in Malaysia On October 22, 2024, the Malaysian Communications and Multimedia Commission (MCMC) launched a public consultation for its draft Code of Conduct...

Setting Up Family Office in Labuan International Business and Financial Centre (“Labuan IBFC”) The rise in Asia’s economy has left a great demand for customized financial services. As a result, Family Offices[1] (“FOs”) is the preferred option for managing the...

Challenges to Anti-Money Laundering Legislation and Burden of Proof for Money Laundering Offences under The Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 Introduction The Anti-Money Laundering, Anti-Terrorism Financing,...

INTEREST SCHEMES IN MALAYSIA Interest schemes in Malaysia are regulated by the Interest Scheme Act 2016 (“ISA 2016”). Introduced alongside the new Companies Act 2016 (“CA 2016”), the ISA 2016 was originally under Division 5 of the preceding Companies Act 1965 and was...

FUNDAMENTALS OF STAY OF PROCEEDINGS UNDER SECTION 10 OF THE ARBITRATION ACT 2005 In this article we will discuss a few fundamentals on the stay of proceeding for arbitration. We will also discuss the case of Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd...

Pure Economic Loss In Construction Defects: The Malaysian Perspective Introduction Before we go into the substance of the aforementioned subject hereinbelow, it is important to first understand what is means by “pure economic loss”. In this respect, the Federal Court...

INTRODUCTION Assignment is an effective instrument of security and is widely used by financial service providers as a form of security towards facilities provided to their customers. There are two types of assignments. Legal assignment and Equitable assignment. A...

Financing By Co-operatives In Malaysia: Frequently Asked Questions Introduction Thinking of starting a co-operative in Malaysia to offer financing solutions but unsure where to begin? This article covers the basics of co-operatives in Malaysia, answering common...

National Guidelines on AI Governance and Ethics: Everything You Need to Know As the digital landscape evolves, artificial intelligence (AI) emerges as a transformative force across industries, influencing everything from healthcare to finance and even entertainment....

Forest City Special Financial Zone : Everything You Need to Know Introduction Once an ambitious real estate venture, Forest City is now the cornerstone of a revitalisation plan. On 20 September 2024, via the Keynote Address at the Forest City Special Financial Zone...

Understanding Freezing and Seizure Orders under AMLATFPUAA 2001 Within the purview of Section 44 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA)1, the issuance of a freezing order by an enforcement...

New Regulatory Framework for Internet Messaging Service and Social Media Service Providers – Creating safer online environment and protecting individuals online  In the wake of Malaysian Tik Tok influencer, Esha’s tragic death linked to online harassments and death...

CAN A BORROWER ESCAPE REPAYMENT OF AN OUTSTANDING LOAN IF THE BANK BREACHES THE LOAN AGREEMENT OR FACILITY AGREEMENT? INTRODUCTION Can a borrower escape repayment of an outstanding loan if the bank breaches the loan agreement or facility agreement? This issue was...

The Federal Court in Tan Lay Peng (in her capacity as the administratrix of the estate of Tan Leong Huat) v. RHB Bank Berhad had unanimously reaffirmed that the "contract test" is the proper standard for evaluating claims of constructive dismissal.[1]  BRIEF...

In a world where social media is a powerful digital marketing tool, to stand out and establish a strong brand presence is important. Franchising and licensing are two business models utilising commercial contracts that allow the sharing of specific brand elements in...

Introduction  In Malaysia, the tradition of confinement, or pantang, is a deeply rooted aspect of postpartum care, providing new mothers with specialized attention to support their recovery after giving birth. With the growing demand for such care, confinement centres...

• Introduction The Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) introduces a significant shift in handling unpaid claims by allowing Subcontractor to pursue direct payment from the Principal, even in the absence of a direct contractual...

Introduction The Malaysian Federal Court's landmark decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals[1] ("Ang Ming Lee") has profoundly impacted the legal landscape concerning housing...

A. INTRODUCTION: The Respondent, Concrete Parade Sdn Bhd (“Concrete Parade”) filed an oppression claim against Apex Equity Holdings Berhad (“Apex”) and its directors, challenging a proposed merger, a private placement of shares, and share buy-back transactions under...

Introduction to the Digital Era The rapid evolution of Information and Communications Technology (ICT) has propelled the world into a digital age where technologies such as mobile, social media, Big Data, Internet of Things (IoT), Artificial Intelligence (AI), and...

Ever thought that you could own a Picasso painting? Welcome to the world of tokenisation! With advancements in blockchain technology, it is now possible to digitize physical assets and break them down into digital tokens, enabling anyone to invest in or own a share of...

Last year, our Associate, Aryn Rozali has shared a comprehensive article on ‘General Overview on PDPA Compliance in Malaysia’. In that piece, Aryn highlighted the anticipated amendments to the Personal Data Protection Act 2010 (“PDPA”), and today we are thrilled to...

AIAC Fast Track Arbitration Rules The AIAC (Asian International Arbitration Centre) Fast Track Arbitration Rules are designed to provide a streamlined arbitration process for parties seeking to resolve disputes quickly and efficiently. These rules are tailored to...

With the advancement of technology and the widespread use of the internet in all walks of life, there is an unfortunate increase of risk and exposure to online scams. Online scams are activities where computers or network equipment are used as mediums to commit...

Introduction Artificial Intelligence (AI) represents a pivotal technological advancement capable of autonomously analysing environments and executing actions to achieve specific objectives.[1] Essentially, AI refers to the technology that enables machines to perform...

In the recent years, Malaysia has intensified its efforts in combating corporate corruption, culminating in the introduction of Section 17A into the Malaysian Anti-Corruption Commission (MACC) Act through an amendment in 2018. This significant legal development, which...

CASE REVIEW: JULIAN CHONG SOOK KEOK & ANOR v. LEE KIM NOOR & ANOR In the realm of professional negligence, particularly in legal matters, the concept of limitation plays a crucial role in determining when a claim ought to be commenced. The Limitation Act 1953...

After obtaining an adjudication decision, a sequence known as the ‘CIPAA Trilogy E-S-S’ typically ensues – Enforcement, Setting aside and Stay applications. Typically, the party that receives a favourable adjudication decision will seek to enforce the decision if the...

Introduction Can legal fees be claimed as special damages? In the recent Federal Court ruling in Golden Star & Ors v Ling Peek Hoe & Anor and another appeal [2024] MLJU 909, the court addressed whether expenses such as litigation costs, legal charges, and fees...

An EPC (engineering, procurement and construction) contract is a contract between a project owner and an EPC contractor where the EPC contractor is responsible for all the activities from design, procurement, construction, commissioning and handover of the project to...

The Concept of Derivative Action The fundamental concept of corporate personality delineates a company as a legal person, separate from its members and directors. This means that a company possesses its own set of rights and obligations, enabling it to initiate legal...

Introduction The Companies (Amendment) Act 2024 ("CA 2024") was enforced on 1 April 2024 addresses a number of areas regarding the corporate governance framework and corporate rescue mechanism. This article will focus on the discussion on of the amendment which is the...

Constructive Dismissal in Malaysia: Pointers for Employers & Employees In the intricate landscape of employment law, few concepts are as nuanced and potentially contentious as constructive dismissal. Constructive dismissal in Malaysia refers to a situation where...

Congratulations on obtaining a favourable Adjudication Decision under the Construction Industry Payment and Adjudication Act 2012 (CIPAA)! As the Winning Party, you now have several avenues to securing the adjudicated amount. Let’s explore the steps and options...

In contemporary agreements, it has become customary for parties to include arbitration clauses without fully comprehending the financial implications. Consequently, they often find themselves facing unexpectedly high costs associated with arbitration proceedings,...

In Malaysia, capital markets are regulated and developed by the Securities Commission (“SC”) under the Securities Commission Act 1993 (“SCA”). As outlined in the Capital Markets and Services Act 2007 (“CMSA”), 'securities' encompass various forms such as debentures,...

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Introduction to Labuan Foundation for Corporations Labuan, widely known to be of an offshore jurisdiction offers companies an opportunity under the Labuan Foundations Act 2010 (“LFA”) to independently hold assets under its own name as registered body corporate with...

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Introduction Money lending is the act of lending of money at interest, with or without security, from a lender to a borrower[1]. In Malaysia, the money lending business is especially regulated by the Moneylenders Act 1951 (‘Act’) subject to the exception provided...

Introduction The rapid development of digital currency/token as a form of investment, mode of payment and now entertainment has forced the government in every country to develop a regulatory framework in order to provide layers of protection and accountability for the...

WHAT IS A RECONSTRUCTION? A reconstruction is a scheme formulated by companies that held by substantially the same shareholders wherein the former company’s business and undertakings will be transferred and carried out by the new company. As stated by Buckley J in the...

Introduction Although the law of negligence is not something foreign to the legal fraternity, the tests or principles to conclude a tortious act has been evolving throughout time. In the majority of tort cases, one of the determinations on whether a defendant is...

A reduction of capital occurs where a company reduces the amount of its share capital. Under the Malaysia Companies Act 2016 (‘Act’), the Act provides two methods for companies to execute its scheme of capital reduction. This is an addition from the previous Companies...

On 21 March 2022, the Dewan Rakyat has taken a further step in passing the Employment (Amendment) Bill 2022 (‘Bill’) to amend the Employment Act 1955 (‘EA 1955’). The said Bill was passed in Dewan Negara on 30 March 2022 and assented on 26 April 2022 and gazetted as...

United Kingdom Brief Facts: In the case of AA v Persons Unknown [2019] EWHC 3556 (Comm), the Commercial Court in the UK granted an interim proprietary injunction on Bitcoin. It was later confirmed that Bitcoin, a form of cryptocurrency is considered as property. In...

Overview of Stamp Duty for Transactional Documents – Federal Court’s Decision in Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem In the recent decision of Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem [2025] 2 MLJ 845, the Federal Court clarified critical...

Cross Border Personal Data Transfer Guidelines: Everything You Need to Know Recently, the Personal Data Protection (Amendment) Act 2024[1] has introduced amendments to Personal Data Protection Act 2010[2] (“PDPA”), including updated definitions, mandatory data breach...

Data Sharing Act 2025: Everything You Need to Know Introduction The Data Sharing Act 2025 ("the Act") marks a significant milestone in Malaysia’s commitment to enhancing digital governance through structured and secure inter-agency data exchange.[1] Coming into effect...

Consumer Credit Act: Insights Of Phased Implementation Introduction of the Consumer Credit Bill 2025 Regulations continue to be seen as critical to achieve stability in the increasingly complex and multi-faceted financial system. The Finance Minister II, Datuk Seri...

Overview Of Malaysia's Legal Framework For Acquisition Of Real Estate By Foreign Company Introduction Malaysia is a popular destination for foreign investment due to its relatively reasonable real estate costs. To further attract foreign investors, the country’s real...

Key Takeaways of the Data Sharing Act 2025 Introduction The Data Sharing Act 2025 (“Act”), which was passed by the House of Representatives on 12 December 2024 and has received Royal Assent,[1] represents a significant milestone in strengthening data governance within...

Key Amendments of OSHA 1994 and OSHAA 2022 Introduction The Occupational Safety and Health Act 1994 (“OSHA 1994”) was a landmark law aimed at ensuring safety, health and welfare at work. However, with changes in industries and emerging workplace risks, the...

A Guide to Securities Commission Regulatory Sandbox Definition and purpose: A regulatory sandbox is a framework that allows companies to test innovative capital market products or services within a controlled environment. It enables businesses to trial new solutions...

Federal Court: Kuala Dimensi Sdn Bhd v Port Kelang Authority [2025] CLJU 142 – Consideration Requirement for Contract Variations In our previous article[1], we covered the Court of Appeal’s decision in the Port Klang Free Zone case, where the Court of Appeal ruled...

Cross-Claim in Adjudication: Overview of the Court of Appeal's decision in Tera VA Sdn. Bhd. v Ayam Bintang Istimewa Sdn. Bhd. Introduction The principle of crossclaims is a well-established aspect of Civil Litigation. Upon receipt of a claim from an aggrieved Party...

Analysis of "Aggrieved Person" from the Court of Appeal's Decision in TransferWise Ltd. v Public Bank Berhad INTRODUCTION The legal concept of an "aggrieved person" plays a crucial role in trademark law, particularly in matters concerning the revocation of a...

Overview of Private Lease Scheme in Malaysia In 2012, a developer company known as Iskandar Investment Berhad introduced a unique arrangement that seems like a normal property purchase. However, in reality, it only granted their purchasers a long-term leasehold...

PREDICTION MARKET PLATFORMS: LEGAL ANALYSIS ON REGULATORY COMPLIANCE IN MALAYSIA    What are Prediction Market Platforms? Prediction markets are decentralized platforms accessible to the public, enabling participants to engage in real-time prediction trading. One...

Directorship and Employment: Analysis of Dual-Role Relationship in Woon Kim Choy v Acexide Technology Sdn Bhd & Anor [2024] MLJU 3109 Introduction Directors are often perceived as figures standing at the top of the company hierarchy, holding a distinct role...

D'Aloia v Person Unknown and others [2022] EWHC 1723 Introduction The case of D'Aloia v Person Unknown others [2022] EWHC 1723 before the High Court of England and Wales is centred around fraudulent misappropriation of cryptocurrency against several defendants. The...

Key Amendments to the Communications and Multimedia Act Pursuant to the Communications and Multimedia (Amendment) Bill 2024 The Communications and Multimedia (Amendment) Bill 2024 (“CMA Bill”) has brought forward a series of significant updates to the Communications...

Johor-Singapore Special Economic Zone (“JS-SEZ”) Tax Incentive Package Introduction On 7 January 2025, Malaysia and Singapore exchanged an agreement on the Johor-Singapore Special Economic Zone (“JS-SEZ”) signed by Malaysia’s Minister of Economy, Rafizi Ramli, and...

Federal Court in the Case of Telekom Malaysia Berhad v. Obnet Sdn Bhd: Significance of Written Arbitral Awards Introduction In Telekom Malaysia Berhad v. Obnet Sdn Bhd,[1] the Federal Court addressed the issue of whether an arbitrator’s oral pronouncement on liability...

Court of Appeal in the case of Yeng Chong Realty Bhd (Sebelum Ini Dikenali Sebagai Yeng Chong Realty Sdn Bhd) v Edward Stanislaus De Silva & Ors : Consideration on “Time is of the Essence” Preliminary "By time. Indeed, mankind is in loss." (Quran 103:1-2) Time...

Court of Appeal in the Case of Ong Kwee Lee v Able Perfect Sdn Bhd: Interpretation of Private Express Trust in Shares Sale Introduction The case of Ong Kwee Lee v Able Perfect Sdn Bhd [2025] MLJU 127 before the Court of Appeal centred around the legal interpretation...

Consultative Document and the Companies (Amendment) Act 2024: Roles of Nominee Shareholders On 22 December 2023, the Companies Commission of Malaysia (“CCM”) issued a consultative document regarding its proposed amendments to the Companies Act 2016 (“CA 2016”) related...

Denial of Natural Justice in CIPAA 2012: Insights from Ssangyong Engineering & Construction Co Ltd v Oxley Rising Sdn Bhd and Another Case  Introduction The Malaysian Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) is a pivotal piece of...

Energy Efficiency and Conservation Act 2024 (Act 861): Responsibilities of Energy Consumers In a significant stride towards sustainable energy use, Malaysia has enacted the Energy Efficiency and Conservation Act 2024 (Act 861). This comprehensive law is designed to...

Overview of the Guidelines for Sustainable Development of Data Centres By Alif Mustaqim                                                                                       Published 08.01.2025 Introduction Aiming to become the leading digital hub in Southeast Asia,...

Summary of Key Amendments to The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”) The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Amendment Bill (“Bill”) was passed by...

OFFERING UNLISTED SHARES TO THE PUBLIC: SECTION 43 AND SECTION 44 OF THE COMPANIES ACT 2016 In our previous write-up last March, we explored key considerations for investors regarding securities offerings by unlisted public companies. Building on that foundation, this...

Tracing and Recovering Stolen Cryptocurrencies: Legal Tools Available Introduction Cryptocurrency is a form of purely digital currency that operates using a blockchain-based system for secure and transparent data storage and transaction recording [1]. Cryptocurrency...

Mutual Variation of Written Contract: Port Kelang Authority v Kuala Dimensi Sdn Bhd [2024] 1 MLJ 252 Background Facts In 1993, the Government of Malaysia initiated efforts to develop and transform Port Klang into a national load centre and transhipment hub through the...

Position of Fixed-Term Contract Employment: Muhammad Fawaid Daud v Airod Sdn Bhd [2024] MELRU 836 & A Gilbert D’Cruz v Sapuraacergy Sdn Bhd & Anor [2021] MLJU 2010 Fixed-term employment contracts in Malaysia are agreements that specify a set duration of...

Winding Up Pursuant to an Adjudication Decision: Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU 545 Introduction The decision of the Malaysian Court of Appeal in Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU...

Consequences of Refusing to Pay Arbitration Deposits: Insights from the Case of JSB v ACSB Introduction Arbitration is widely recognised as the preferred method for resolving disputes, particularly in construction contracts. However, the associated costs – such as...

Rights to Inspect Documents by Directors: Principles in Low Ean Nee v. SNE Marketing Sdn Bhd [2024] 1 MLJ 447 The Statutory Right for Inspection of a Director A director’s right to inspect a company’s records is a statutory right explicitly provided under Section 245...

STRENGTHENING REGULATORY COMPLIANCE: UPDATES ON THE REVISED GUIDELINES ON LABUAN MONEY BROKER BUSINESS Introduction On 9 September 2024, the Labuan Financial Services Authority (LFSA) unveiled the revised Guidelines on the Establishment of Money Broking Business in...

Illegal Deposit-Taking: A Legal Perspective on Implications and Recovery for Victims Understanding Illegal Deposit-Taking Illegal deposit-taking can be defined as an individual or entity accepting, receiving or managing deposits such as cash or precious metals without...

NON-DELEGABLE DUTY OF CARE : IMPLICATIONS FROM SIOW CHING YEE V COLUMBIA ASIA SDN BHD [2024] 3 MLJ 66 Factual Background The Appellant, represented by his wife, suffered hypoxic brain damage after complications during emergency care at a hospital managed by the...

EU ARTIFICIAL INTELLIGENCE ACT: IMPLICATIONS FOR MALAYSIAN BUSINESSES Introduction Artificial Intelligence (“AI”) applications shape various aspects of your life in profound ways. They determine the information you encounter online by predicting the content most...

UNJUST ENRICHMENT AGAINST SANCTITY OF A CONTRACT : TAN CHONG INDUSTRIAL EQUIPMENT SDN BHD V TRANSNASIONAL EXPRESS SDN BHD & 6 ORS The principle of unjust enrichment ensures that no one is allowed to retain a benefit obtained at another's expense without a valid...

Case Update: Bringing Oppression to Court on Equitable Considerations: Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 Introduction The case of Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 was an appeal brought to...

The Legal Implications of Unregistered Franchises: An Analysis of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors Introduction The case of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors[1] is significant in the context of Malaysian franchise...

Termination of Contract on the Ground of National Interest The termination of a contract on grounds of national interest is a powerful legal tool enabling governments or designated authorities to end or modify agreements when the welfare of the public or the...

Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers in Malaysia On October 22, 2024, the Malaysian Communications and Multimedia Commission (MCMC) launched a public consultation for its draft Code of Conduct...

Setting Up Family Office in Labuan International Business and Financial Centre (“Labuan IBFC”) The rise in Asia’s economy has left a great demand for customized financial services. As a result, Family Offices[1] (“FOs”) is the preferred option for managing the...

Challenges to Anti-Money Laundering Legislation and Burden of Proof for Money Laundering Offences under The Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 Introduction The Anti-Money Laundering, Anti-Terrorism Financing,...

INTEREST SCHEMES IN MALAYSIA Interest schemes in Malaysia are regulated by the Interest Scheme Act 2016 (“ISA 2016”). Introduced alongside the new Companies Act 2016 (“CA 2016”), the ISA 2016 was originally under Division 5 of the preceding Companies Act 1965 and was...

FUNDAMENTALS OF STAY OF PROCEEDINGS UNDER SECTION 10 OF THE ARBITRATION ACT 2005 In this article we will discuss a few fundamentals on the stay of proceeding for arbitration. We will also discuss the case of Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd...

Pure Economic Loss In Construction Defects: The Malaysian Perspective Introduction Before we go into the substance of the aforementioned subject hereinbelow, it is important to first understand what is means by “pure economic loss”. In this respect, the Federal Court...

INTRODUCTION Assignment is an effective instrument of security and is widely used by financial service providers as a form of security towards facilities provided to their customers. There are two types of assignments. Legal assignment and Equitable assignment. A...

Financing By Co-operatives In Malaysia: Frequently Asked Questions Introduction Thinking of starting a co-operative in Malaysia to offer financing solutions but unsure where to begin? This article covers the basics of co-operatives in Malaysia, answering common...

National Guidelines on AI Governance and Ethics: Everything You Need to Know As the digital landscape evolves, artificial intelligence (AI) emerges as a transformative force across industries, influencing everything from healthcare to finance and even entertainment....

Forest City Special Financial Zone : Everything You Need to Know Introduction Once an ambitious real estate venture, Forest City is now the cornerstone of a revitalisation plan. On 20 September 2024, via the Keynote Address at the Forest City Special Financial Zone...

Understanding Freezing and Seizure Orders under AMLATFPUAA 2001 Within the purview of Section 44 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA)1, the issuance of a freezing order by an enforcement...

New Regulatory Framework for Internet Messaging Service and Social Media Service Providers – Creating safer online environment and protecting individuals online  In the wake of Malaysian Tik Tok influencer, Esha’s tragic death linked to online harassments and death...

CAN A BORROWER ESCAPE REPAYMENT OF AN OUTSTANDING LOAN IF THE BANK BREACHES THE LOAN AGREEMENT OR FACILITY AGREEMENT? INTRODUCTION Can a borrower escape repayment of an outstanding loan if the bank breaches the loan agreement or facility agreement? This issue was...

The Federal Court in Tan Lay Peng (in her capacity as the administratrix of the estate of Tan Leong Huat) v. RHB Bank Berhad had unanimously reaffirmed that the "contract test" is the proper standard for evaluating claims of constructive dismissal.[1]  BRIEF...

In a world where social media is a powerful digital marketing tool, to stand out and establish a strong brand presence is important. Franchising and licensing are two business models utilising commercial contracts that allow the sharing of specific brand elements in...

Introduction  In Malaysia, the tradition of confinement, or pantang, is a deeply rooted aspect of postpartum care, providing new mothers with specialized attention to support their recovery after giving birth. With the growing demand for such care, confinement centres...

• Introduction The Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) introduces a significant shift in handling unpaid claims by allowing Subcontractor to pursue direct payment from the Principal, even in the absence of a direct contractual...

Introduction The Malaysian Federal Court's landmark decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals[1] ("Ang Ming Lee") has profoundly impacted the legal landscape concerning housing...

A. INTRODUCTION: The Respondent, Concrete Parade Sdn Bhd (“Concrete Parade”) filed an oppression claim against Apex Equity Holdings Berhad (“Apex”) and its directors, challenging a proposed merger, a private placement of shares, and share buy-back transactions under...

Introduction to the Digital Era The rapid evolution of Information and Communications Technology (ICT) has propelled the world into a digital age where technologies such as mobile, social media, Big Data, Internet of Things (IoT), Artificial Intelligence (AI), and...

Ever thought that you could own a Picasso painting? Welcome to the world of tokenisation! With advancements in blockchain technology, it is now possible to digitize physical assets and break them down into digital tokens, enabling anyone to invest in or own a share of...

Last year, our Associate, Aryn Rozali has shared a comprehensive article on ‘General Overview on PDPA Compliance in Malaysia’. In that piece, Aryn highlighted the anticipated amendments to the Personal Data Protection Act 2010 (“PDPA”), and today we are thrilled to...

AIAC Fast Track Arbitration Rules The AIAC (Asian International Arbitration Centre) Fast Track Arbitration Rules are designed to provide a streamlined arbitration process for parties seeking to resolve disputes quickly and efficiently. These rules are tailored to...

With the advancement of technology and the widespread use of the internet in all walks of life, there is an unfortunate increase of risk and exposure to online scams. Online scams are activities where computers or network equipment are used as mediums to commit...

Introduction Artificial Intelligence (AI) represents a pivotal technological advancement capable of autonomously analysing environments and executing actions to achieve specific objectives.[1] Essentially, AI refers to the technology that enables machines to perform...

In the recent years, Malaysia has intensified its efforts in combating corporate corruption, culminating in the introduction of Section 17A into the Malaysian Anti-Corruption Commission (MACC) Act through an amendment in 2018. This significant legal development, which...

CASE REVIEW: JULIAN CHONG SOOK KEOK & ANOR v. LEE KIM NOOR & ANOR In the realm of professional negligence, particularly in legal matters, the concept of limitation plays a crucial role in determining when a claim ought to be commenced. The Limitation Act 1953...

After obtaining an adjudication decision, a sequence known as the ‘CIPAA Trilogy E-S-S’ typically ensues – Enforcement, Setting aside and Stay applications. Typically, the party that receives a favourable adjudication decision will seek to enforce the decision if the...

Introduction Can legal fees be claimed as special damages? In the recent Federal Court ruling in Golden Star & Ors v Ling Peek Hoe & Anor and another appeal [2024] MLJU 909, the court addressed whether expenses such as litigation costs, legal charges, and fees...

An EPC (engineering, procurement and construction) contract is a contract between a project owner and an EPC contractor where the EPC contractor is responsible for all the activities from design, procurement, construction, commissioning and handover of the project to...

The Concept of Derivative Action The fundamental concept of corporate personality delineates a company as a legal person, separate from its members and directors. This means that a company possesses its own set of rights and obligations, enabling it to initiate legal...

Introduction The Companies (Amendment) Act 2024 ("CA 2024") was enforced on 1 April 2024 addresses a number of areas regarding the corporate governance framework and corporate rescue mechanism. This article will focus on the discussion on of the amendment which is the...

Constructive Dismissal in Malaysia: Pointers for Employers & Employees In the intricate landscape of employment law, few concepts are as nuanced and potentially contentious as constructive dismissal. Constructive dismissal in Malaysia refers to a situation where...

Congratulations on obtaining a favourable Adjudication Decision under the Construction Industry Payment and Adjudication Act 2012 (CIPAA)! As the Winning Party, you now have several avenues to securing the adjudicated amount. Let’s explore the steps and options...

In contemporary agreements, it has become customary for parties to include arbitration clauses without fully comprehending the financial implications. Consequently, they often find themselves facing unexpectedly high costs associated with arbitration proceedings,...

In Malaysia, capital markets are regulated and developed by the Securities Commission (“SC”) under the Securities Commission Act 1993 (“SCA”). As outlined in the Capital Markets and Services Act 2007 (“CMSA”), 'securities' encompass various forms such as debentures,...

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Introduction to Labuan Foundation for Corporations Labuan, widely known to be of an offshore jurisdiction offers companies an opportunity under the Labuan Foundations Act 2010 (“LFA”) to independently hold assets under its own name as registered body corporate with...

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Introduction Money lending is the act of lending of money at interest, with or without security, from a lender to a borrower[1]. In Malaysia, the money lending business is especially regulated by the Moneylenders Act 1951 (‘Act’) subject to the exception provided...

Introduction The rapid development of digital currency/token as a form of investment, mode of payment and now entertainment has forced the government in every country to develop a regulatory framework in order to provide layers of protection and accountability for the...

WHAT IS A RECONSTRUCTION? A reconstruction is a scheme formulated by companies that held by substantially the same shareholders wherein the former company’s business and undertakings will be transferred and carried out by the new company. As stated by Buckley J in the...

Introduction Although the law of negligence is not something foreign to the legal fraternity, the tests or principles to conclude a tortious act has been evolving throughout time. In the majority of tort cases, one of the determinations on whether a defendant is...

A reduction of capital occurs where a company reduces the amount of its share capital. Under the Malaysia Companies Act 2016 (‘Act’), the Act provides two methods for companies to execute its scheme of capital reduction. This is an addition from the previous Companies...

On 21 March 2022, the Dewan Rakyat has taken a further step in passing the Employment (Amendment) Bill 2022 (‘Bill’) to amend the Employment Act 1955 (‘EA 1955’). The said Bill was passed in Dewan Negara on 30 March 2022 and assented on 26 April 2022 and gazetted as...

United Kingdom Brief Facts: In the case of AA v Persons Unknown [2019] EWHC 3556 (Comm), the Commercial Court in the UK granted an interim proprietary injunction on Bitcoin. It was later confirmed that Bitcoin, a form of cryptocurrency is considered as property. In...

Overview of Stamp Duty for Transactional Documents – Federal Court’s Decision in Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem In the recent decision of Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem [2025] 2 MLJ 845, the Federal Court clarified critical...

Cross Border Personal Data Transfer Guidelines: Everything You Need to Know Recently, the Personal Data Protection (Amendment) Act 2024[1] has introduced amendments to Personal Data Protection Act 2010[2] (“PDPA”), including updated definitions, mandatory data breach...

Data Sharing Act 2025: Everything You Need to Know Introduction The Data Sharing Act 2025 ("the Act") marks a significant milestone in Malaysia’s commitment to enhancing digital governance through structured and secure inter-agency data exchange.[1] Coming into effect...

Consumer Credit Act: Insights Of Phased Implementation Introduction of the Consumer Credit Bill 2025 Regulations continue to be seen as critical to achieve stability in the increasingly complex and multi-faceted financial system. The Finance Minister II, Datuk Seri...

Overview Of Malaysia's Legal Framework For Acquisition Of Real Estate By Foreign Company Introduction Malaysia is a popular destination for foreign investment due to its relatively reasonable real estate costs. To further attract foreign investors, the country’s real...

Key Takeaways of the Data Sharing Act 2025 Introduction The Data Sharing Act 2025 (“Act”), which was passed by the House of Representatives on 12 December 2024 and has received Royal Assent,[1] represents a significant milestone in strengthening data governance within...

Key Amendments of OSHA 1994 and OSHAA 2022 Introduction The Occupational Safety and Health Act 1994 (“OSHA 1994”) was a landmark law aimed at ensuring safety, health and welfare at work. However, with changes in industries and emerging workplace risks, the...

A Guide to Securities Commission Regulatory Sandbox Definition and purpose: A regulatory sandbox is a framework that allows companies to test innovative capital market products or services within a controlled environment. It enables businesses to trial new solutions...

Federal Court: Kuala Dimensi Sdn Bhd v Port Kelang Authority [2025] CLJU 142 – Consideration Requirement for Contract Variations In our previous article[1], we covered the Court of Appeal’s decision in the Port Klang Free Zone case, where the Court of Appeal ruled...

Cross-Claim in Adjudication: Overview of the Court of Appeal's decision in Tera VA Sdn. Bhd. v Ayam Bintang Istimewa Sdn. Bhd. Introduction The principle of crossclaims is a well-established aspect of Civil Litigation. Upon receipt of a claim from an aggrieved Party...

Analysis of "Aggrieved Person" from the Court of Appeal's Decision in TransferWise Ltd. v Public Bank Berhad INTRODUCTION The legal concept of an "aggrieved person" plays a crucial role in trademark law, particularly in matters concerning the revocation of a...

Overview of Private Lease Scheme in Malaysia In 2012, a developer company known as Iskandar Investment Berhad introduced a unique arrangement that seems like a normal property purchase. However, in reality, it only granted their purchasers a long-term leasehold...

PREDICTION MARKET PLATFORMS: LEGAL ANALYSIS ON REGULATORY COMPLIANCE IN MALAYSIA    What are Prediction Market Platforms? Prediction markets are decentralized platforms accessible to the public, enabling participants to engage in real-time prediction trading. One...

Directorship and Employment: Analysis of Dual-Role Relationship in Woon Kim Choy v Acexide Technology Sdn Bhd & Anor [2024] MLJU 3109 Introduction Directors are often perceived as figures standing at the top of the company hierarchy, holding a distinct role...

D'Aloia v Person Unknown and others [2022] EWHC 1723 Introduction The case of D'Aloia v Person Unknown others [2022] EWHC 1723 before the High Court of England and Wales is centred around fraudulent misappropriation of cryptocurrency against several defendants. The...

Key Amendments to the Communications and Multimedia Act Pursuant to the Communications and Multimedia (Amendment) Bill 2024 The Communications and Multimedia (Amendment) Bill 2024 (“CMA Bill”) has brought forward a series of significant updates to the Communications...

Johor-Singapore Special Economic Zone (“JS-SEZ”) Tax Incentive Package Introduction On 7 January 2025, Malaysia and Singapore exchanged an agreement on the Johor-Singapore Special Economic Zone (“JS-SEZ”) signed by Malaysia’s Minister of Economy, Rafizi Ramli, and...

Federal Court in the Case of Telekom Malaysia Berhad v. Obnet Sdn Bhd: Significance of Written Arbitral Awards Introduction In Telekom Malaysia Berhad v. Obnet Sdn Bhd,[1] the Federal Court addressed the issue of whether an arbitrator’s oral pronouncement on liability...

Court of Appeal in the case of Yeng Chong Realty Bhd (Sebelum Ini Dikenali Sebagai Yeng Chong Realty Sdn Bhd) v Edward Stanislaus De Silva & Ors : Consideration on “Time is of the Essence” Preliminary "By time. Indeed, mankind is in loss." (Quran 103:1-2) Time...

Court of Appeal in the Case of Ong Kwee Lee v Able Perfect Sdn Bhd: Interpretation of Private Express Trust in Shares Sale Introduction The case of Ong Kwee Lee v Able Perfect Sdn Bhd [2025] MLJU 127 before the Court of Appeal centred around the legal interpretation...

Consultative Document and the Companies (Amendment) Act 2024: Roles of Nominee Shareholders On 22 December 2023, the Companies Commission of Malaysia (“CCM”) issued a consultative document regarding its proposed amendments to the Companies Act 2016 (“CA 2016”) related...

Denial of Natural Justice in CIPAA 2012: Insights from Ssangyong Engineering & Construction Co Ltd v Oxley Rising Sdn Bhd and Another Case  Introduction The Malaysian Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) is a pivotal piece of...

Energy Efficiency and Conservation Act 2024 (Act 861): Responsibilities of Energy Consumers In a significant stride towards sustainable energy use, Malaysia has enacted the Energy Efficiency and Conservation Act 2024 (Act 861). This comprehensive law is designed to...

Overview of the Guidelines for Sustainable Development of Data Centres By Alif Mustaqim                                                                                       Published 08.01.2025 Introduction Aiming to become the leading digital hub in Southeast Asia,...

Summary of Key Amendments to The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”) The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Amendment Bill (“Bill”) was passed by...

OFFERING UNLISTED SHARES TO THE PUBLIC: SECTION 43 AND SECTION 44 OF THE COMPANIES ACT 2016 In our previous write-up last March, we explored key considerations for investors regarding securities offerings by unlisted public companies. Building on that foundation, this...

Tracing and Recovering Stolen Cryptocurrencies: Legal Tools Available Introduction Cryptocurrency is a form of purely digital currency that operates using a blockchain-based system for secure and transparent data storage and transaction recording [1]. Cryptocurrency...

Mutual Variation of Written Contract: Port Kelang Authority v Kuala Dimensi Sdn Bhd [2024] 1 MLJ 252 Background Facts In 1993, the Government of Malaysia initiated efforts to develop and transform Port Klang into a national load centre and transhipment hub through the...

Position of Fixed-Term Contract Employment: Muhammad Fawaid Daud v Airod Sdn Bhd [2024] MELRU 836 & A Gilbert D’Cruz v Sapuraacergy Sdn Bhd & Anor [2021] MLJU 2010 Fixed-term employment contracts in Malaysia are agreements that specify a set duration of...

Winding Up Pursuant to an Adjudication Decision: Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU 545 Introduction The decision of the Malaysian Court of Appeal in Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU...

Consequences of Refusing to Pay Arbitration Deposits: Insights from the Case of JSB v ACSB Introduction Arbitration is widely recognised as the preferred method for resolving disputes, particularly in construction contracts. However, the associated costs – such as...

Rights to Inspect Documents by Directors: Principles in Low Ean Nee v. SNE Marketing Sdn Bhd [2024] 1 MLJ 447 The Statutory Right for Inspection of a Director A director’s right to inspect a company’s records is a statutory right explicitly provided under Section 245...

STRENGTHENING REGULATORY COMPLIANCE: UPDATES ON THE REVISED GUIDELINES ON LABUAN MONEY BROKER BUSINESS Introduction On 9 September 2024, the Labuan Financial Services Authority (LFSA) unveiled the revised Guidelines on the Establishment of Money Broking Business in...

Illegal Deposit-Taking: A Legal Perspective on Implications and Recovery for Victims Understanding Illegal Deposit-Taking Illegal deposit-taking can be defined as an individual or entity accepting, receiving or managing deposits such as cash or precious metals without...

NON-DELEGABLE DUTY OF CARE : IMPLICATIONS FROM SIOW CHING YEE V COLUMBIA ASIA SDN BHD [2024] 3 MLJ 66 Factual Background The Appellant, represented by his wife, suffered hypoxic brain damage after complications during emergency care at a hospital managed by the...

EU ARTIFICIAL INTELLIGENCE ACT: IMPLICATIONS FOR MALAYSIAN BUSINESSES Introduction Artificial Intelligence (“AI”) applications shape various aspects of your life in profound ways. They determine the information you encounter online by predicting the content most...

UNJUST ENRICHMENT AGAINST SANCTITY OF A CONTRACT : TAN CHONG INDUSTRIAL EQUIPMENT SDN BHD V TRANSNASIONAL EXPRESS SDN BHD & 6 ORS The principle of unjust enrichment ensures that no one is allowed to retain a benefit obtained at another's expense without a valid...

Case Update: Bringing Oppression to Court on Equitable Considerations: Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 Introduction The case of Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 was an appeal brought to...

The Legal Implications of Unregistered Franchises: An Analysis of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors Introduction The case of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors[1] is significant in the context of Malaysian franchise...

Termination of Contract on the Ground of National Interest The termination of a contract on grounds of national interest is a powerful legal tool enabling governments or designated authorities to end or modify agreements when the welfare of the public or the...

Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers in Malaysia On October 22, 2024, the Malaysian Communications and Multimedia Commission (MCMC) launched a public consultation for its draft Code of Conduct...

Setting Up Family Office in Labuan International Business and Financial Centre (“Labuan IBFC”) The rise in Asia’s economy has left a great demand for customized financial services. As a result, Family Offices[1] (“FOs”) is the preferred option for managing the...

Challenges to Anti-Money Laundering Legislation and Burden of Proof for Money Laundering Offences under The Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 Introduction The Anti-Money Laundering, Anti-Terrorism Financing,...

INTEREST SCHEMES IN MALAYSIA Interest schemes in Malaysia are regulated by the Interest Scheme Act 2016 (“ISA 2016”). Introduced alongside the new Companies Act 2016 (“CA 2016”), the ISA 2016 was originally under Division 5 of the preceding Companies Act 1965 and was...

FUNDAMENTALS OF STAY OF PROCEEDINGS UNDER SECTION 10 OF THE ARBITRATION ACT 2005 In this article we will discuss a few fundamentals on the stay of proceeding for arbitration. We will also discuss the case of Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd...

Pure Economic Loss In Construction Defects: The Malaysian Perspective Introduction Before we go into the substance of the aforementioned subject hereinbelow, it is important to first understand what is means by “pure economic loss”. In this respect, the Federal Court...

INTRODUCTION Assignment is an effective instrument of security and is widely used by financial service providers as a form of security towards facilities provided to their customers. There are two types of assignments. Legal assignment and Equitable assignment. A...

Financing By Co-operatives In Malaysia: Frequently Asked Questions Introduction Thinking of starting a co-operative in Malaysia to offer financing solutions but unsure where to begin? This article covers the basics of co-operatives in Malaysia, answering common...

National Guidelines on AI Governance and Ethics: Everything You Need to Know As the digital landscape evolves, artificial intelligence (AI) emerges as a transformative force across industries, influencing everything from healthcare to finance and even entertainment....

Forest City Special Financial Zone : Everything You Need to Know Introduction Once an ambitious real estate venture, Forest City is now the cornerstone of a revitalisation plan. On 20 September 2024, via the Keynote Address at the Forest City Special Financial Zone...

Understanding Freezing and Seizure Orders under AMLATFPUAA 2001 Within the purview of Section 44 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA)1, the issuance of a freezing order by an enforcement...

New Regulatory Framework for Internet Messaging Service and Social Media Service Providers – Creating safer online environment and protecting individuals online  In the wake of Malaysian Tik Tok influencer, Esha’s tragic death linked to online harassments and death...

CAN A BORROWER ESCAPE REPAYMENT OF AN OUTSTANDING LOAN IF THE BANK BREACHES THE LOAN AGREEMENT OR FACILITY AGREEMENT? INTRODUCTION Can a borrower escape repayment of an outstanding loan if the bank breaches the loan agreement or facility agreement? This issue was...

The Federal Court in Tan Lay Peng (in her capacity as the administratrix of the estate of Tan Leong Huat) v. RHB Bank Berhad had unanimously reaffirmed that the "contract test" is the proper standard for evaluating claims of constructive dismissal.[1]  BRIEF...

In a world where social media is a powerful digital marketing tool, to stand out and establish a strong brand presence is important. Franchising and licensing are two business models utilising commercial contracts that allow the sharing of specific brand elements in...

Introduction  In Malaysia, the tradition of confinement, or pantang, is a deeply rooted aspect of postpartum care, providing new mothers with specialized attention to support their recovery after giving birth. With the growing demand for such care, confinement centres...

• Introduction The Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) introduces a significant shift in handling unpaid claims by allowing Subcontractor to pursue direct payment from the Principal, even in the absence of a direct contractual...

Introduction The Malaysian Federal Court's landmark decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals[1] ("Ang Ming Lee") has profoundly impacted the legal landscape concerning housing...

A. INTRODUCTION: The Respondent, Concrete Parade Sdn Bhd (“Concrete Parade”) filed an oppression claim against Apex Equity Holdings Berhad (“Apex”) and its directors, challenging a proposed merger, a private placement of shares, and share buy-back transactions under...

Introduction to the Digital Era The rapid evolution of Information and Communications Technology (ICT) has propelled the world into a digital age where technologies such as mobile, social media, Big Data, Internet of Things (IoT), Artificial Intelligence (AI), and...

Ever thought that you could own a Picasso painting? Welcome to the world of tokenisation! With advancements in blockchain technology, it is now possible to digitize physical assets and break them down into digital tokens, enabling anyone to invest in or own a share of...

Last year, our Associate, Aryn Rozali has shared a comprehensive article on ‘General Overview on PDPA Compliance in Malaysia’. In that piece, Aryn highlighted the anticipated amendments to the Personal Data Protection Act 2010 (“PDPA”), and today we are thrilled to...

AIAC Fast Track Arbitration Rules The AIAC (Asian International Arbitration Centre) Fast Track Arbitration Rules are designed to provide a streamlined arbitration process for parties seeking to resolve disputes quickly and efficiently. These rules are tailored to...

With the advancement of technology and the widespread use of the internet in all walks of life, there is an unfortunate increase of risk and exposure to online scams. Online scams are activities where computers or network equipment are used as mediums to commit...

Introduction Artificial Intelligence (AI) represents a pivotal technological advancement capable of autonomously analysing environments and executing actions to achieve specific objectives.[1] Essentially, AI refers to the technology that enables machines to perform...

In the recent years, Malaysia has intensified its efforts in combating corporate corruption, culminating in the introduction of Section 17A into the Malaysian Anti-Corruption Commission (MACC) Act through an amendment in 2018. This significant legal development, which...

CASE REVIEW: JULIAN CHONG SOOK KEOK & ANOR v. LEE KIM NOOR & ANOR In the realm of professional negligence, particularly in legal matters, the concept of limitation plays a crucial role in determining when a claim ought to be commenced. The Limitation Act 1953...

After obtaining an adjudication decision, a sequence known as the ‘CIPAA Trilogy E-S-S’ typically ensues – Enforcement, Setting aside and Stay applications. Typically, the party that receives a favourable adjudication decision will seek to enforce the decision if the...

Introduction Can legal fees be claimed as special damages? In the recent Federal Court ruling in Golden Star & Ors v Ling Peek Hoe & Anor and another appeal [2024] MLJU 909, the court addressed whether expenses such as litigation costs, legal charges, and fees...

An EPC (engineering, procurement and construction) contract is a contract between a project owner and an EPC contractor where the EPC contractor is responsible for all the activities from design, procurement, construction, commissioning and handover of the project to...

The Concept of Derivative Action The fundamental concept of corporate personality delineates a company as a legal person, separate from its members and directors. This means that a company possesses its own set of rights and obligations, enabling it to initiate legal...

Introduction The Companies (Amendment) Act 2024 ("CA 2024") was enforced on 1 April 2024 addresses a number of areas regarding the corporate governance framework and corporate rescue mechanism. This article will focus on the discussion on of the amendment which is the...

Constructive Dismissal in Malaysia: Pointers for Employers & Employees In the intricate landscape of employment law, few concepts are as nuanced and potentially contentious as constructive dismissal. Constructive dismissal in Malaysia refers to a situation where...

Congratulations on obtaining a favourable Adjudication Decision under the Construction Industry Payment and Adjudication Act 2012 (CIPAA)! As the Winning Party, you now have several avenues to securing the adjudicated amount. Let’s explore the steps and options...

In contemporary agreements, it has become customary for parties to include arbitration clauses without fully comprehending the financial implications. Consequently, they often find themselves facing unexpectedly high costs associated with arbitration proceedings,...

In Malaysia, capital markets are regulated and developed by the Securities Commission (“SC”) under the Securities Commission Act 1993 (“SCA”). As outlined in the Capital Markets and Services Act 2007 (“CMSA”), 'securities' encompass various forms such as debentures,...

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2024/04/BNM-PD-on-Financial-Technology-Regulatory-Sandbox-08032024.pdf" title="BNM PD on Financial Technology Regulatory Sandbox 08032024"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2024/03/Persons-Interested-and-Reasonable-Expenses-in-Land-Acquisition-in-Malaysia-19032024.pdf" title="Persons Interested and Reasonable Expenses in Land Acquisition in Malaysia 19032024"]

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[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/09/Pengenalan-kepada-Akta-Anti-Jualan-Langsung-dan-Skim-Anti-Piramid.pdf" title="Pengenalan kepada Akta Anti Jualan Langsung dan Skim Anti-Piramid"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/09/Akta-Had-Masa-1953.pdf" title="Akta Had Masa 1953"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/09/Perjanjian-Antipersaingan-di-Malaysia.pdf" title="Perjanjian Antipersaingan di Malaysia"]

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[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/08/Overview-on-MCCG-in-Public-Listed-Companies-NFA.pdf" title="Overview on MCCG in Public Listed Companies (NFA)"]

Introduction to Labuan Foundation for Corporations Labuan, widely known to be of an offshore jurisdiction offers companies an opportunity under the Labuan Foundations Act 2010 (“LFA”) to independently hold assets under its own name as registered body corporate with...

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/08/Statutory-Adjudication-vs-Arbitration-vs-Civil-Courts-KRN-01082023.pdf" title="Statutory Adjudication vs Arbitration vs Civil Courts (KRN) 01082023"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/08/Overview-of-Types-of-Injuctions-in-Malaysia.pdf" title="Overview of Types of Injuctions in Malaysia"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/05/General-Overview-on-PDPA-19052023-AR.pdf" title="General Overview on PDPA 19052023 (AR)"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/05/Duties-of-Director-MAZ-15052023-1.pdf" title="Duties of Director (MAZ) 15052023"]

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[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/05/The-Application-of-Order-14A-of-the-Rules-of-Court-2012-NHK-03052023.pdf" title="The Application of Order 14A of the Rules of Court 2012 (NHK) 03052023"]

Introduction Money lending is the act of lending of money at interest, with or without security, from a lender to a borrower[1]. In Malaysia, the money lending business is especially regulated by the Moneylenders Act 1951 (‘Act’) subject to the exception provided...

Introduction The rapid development of digital currency/token as a form of investment, mode of payment and now entertainment has forced the government in every country to develop a regulatory framework in order to provide layers of protection and accountability for the...

WHAT IS A RECONSTRUCTION? A reconstruction is a scheme formulated by companies that held by substantially the same shareholders wherein the former company’s business and undertakings will be transferred and carried out by the new company. As stated by Buckley J in the...

Introduction Although the law of negligence is not something foreign to the legal fraternity, the tests or principles to conclude a tortious act has been evolving throughout time. In the majority of tort cases, one of the determinations on whether a defendant is...

A reduction of capital occurs where a company reduces the amount of its share capital. Under the Malaysia Companies Act 2016 (‘Act’), the Act provides two methods for companies to execute its scheme of capital reduction. This is an addition from the previous Companies...

On 21 March 2022, the Dewan Rakyat has taken a further step in passing the Employment (Amendment) Bill 2022 (‘Bill’) to amend the Employment Act 1955 (‘EA 1955’). The said Bill was passed in Dewan Negara on 30 March 2022 and assented on 26 April 2022 and gazetted as...

United Kingdom Brief Facts: In the case of AA v Persons Unknown [2019] EWHC 3556 (Comm), the Commercial Court in the UK granted an interim proprietary injunction on Bitcoin. It was later confirmed that Bitcoin, a form of cryptocurrency is considered as property. In...

Overview of Stamp Duty for Transactional Documents – Federal Court’s Decision in Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem In the recent decision of Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem [2025] 2 MLJ 845, the Federal Court clarified critical...

Cross Border Personal Data Transfer Guidelines: Everything You Need to Know Recently, the Personal Data Protection (Amendment) Act 2024[1] has introduced amendments to Personal Data Protection Act 2010[2] (“PDPA”), including updated definitions, mandatory data breach...

Data Sharing Act 2025: Everything You Need to Know Introduction The Data Sharing Act 2025 ("the Act") marks a significant milestone in Malaysia’s commitment to enhancing digital governance through structured and secure inter-agency data exchange.[1] Coming into effect...

Consumer Credit Act: Insights Of Phased Implementation Introduction of the Consumer Credit Bill 2025 Regulations continue to be seen as critical to achieve stability in the increasingly complex and multi-faceted financial system. The Finance Minister II, Datuk Seri...

Overview Of Malaysia's Legal Framework For Acquisition Of Real Estate By Foreign Company Introduction Malaysia is a popular destination for foreign investment due to its relatively reasonable real estate costs. To further attract foreign investors, the country’s real...

Key Takeaways of the Data Sharing Act 2025 Introduction The Data Sharing Act 2025 (“Act”), which was passed by the House of Representatives on 12 December 2024 and has received Royal Assent,[1] represents a significant milestone in strengthening data governance within...

Key Amendments of OSHA 1994 and OSHAA 2022 Introduction The Occupational Safety and Health Act 1994 (“OSHA 1994”) was a landmark law aimed at ensuring safety, health and welfare at work. However, with changes in industries and emerging workplace risks, the...

A Guide to Securities Commission Regulatory Sandbox Definition and purpose: A regulatory sandbox is a framework that allows companies to test innovative capital market products or services within a controlled environment. It enables businesses to trial new solutions...

Federal Court: Kuala Dimensi Sdn Bhd v Port Kelang Authority [2025] CLJU 142 – Consideration Requirement for Contract Variations In our previous article[1], we covered the Court of Appeal’s decision in the Port Klang Free Zone case, where the Court of Appeal ruled...

Cross-Claim in Adjudication: Overview of the Court of Appeal's decision in Tera VA Sdn. Bhd. v Ayam Bintang Istimewa Sdn. Bhd. Introduction The principle of crossclaims is a well-established aspect of Civil Litigation. Upon receipt of a claim from an aggrieved Party...

Analysis of "Aggrieved Person" from the Court of Appeal's Decision in TransferWise Ltd. v Public Bank Berhad INTRODUCTION The legal concept of an "aggrieved person" plays a crucial role in trademark law, particularly in matters concerning the revocation of a...

Overview of Private Lease Scheme in Malaysia In 2012, a developer company known as Iskandar Investment Berhad introduced a unique arrangement that seems like a normal property purchase. However, in reality, it only granted their purchasers a long-term leasehold...

PREDICTION MARKET PLATFORMS: LEGAL ANALYSIS ON REGULATORY COMPLIANCE IN MALAYSIA    What are Prediction Market Platforms? Prediction markets are decentralized platforms accessible to the public, enabling participants to engage in real-time prediction trading. One...

Directorship and Employment: Analysis of Dual-Role Relationship in Woon Kim Choy v Acexide Technology Sdn Bhd & Anor [2024] MLJU 3109 Introduction Directors are often perceived as figures standing at the top of the company hierarchy, holding a distinct role...

D'Aloia v Person Unknown and others [2022] EWHC 1723 Introduction The case of D'Aloia v Person Unknown others [2022] EWHC 1723 before the High Court of England and Wales is centred around fraudulent misappropriation of cryptocurrency against several defendants. The...

Key Amendments to the Communications and Multimedia Act Pursuant to the Communications and Multimedia (Amendment) Bill 2024 The Communications and Multimedia (Amendment) Bill 2024 (“CMA Bill”) has brought forward a series of significant updates to the Communications...

Johor-Singapore Special Economic Zone (“JS-SEZ”) Tax Incentive Package Introduction On 7 January 2025, Malaysia and Singapore exchanged an agreement on the Johor-Singapore Special Economic Zone (“JS-SEZ”) signed by Malaysia’s Minister of Economy, Rafizi Ramli, and...

Federal Court in the Case of Telekom Malaysia Berhad v. Obnet Sdn Bhd: Significance of Written Arbitral Awards Introduction In Telekom Malaysia Berhad v. Obnet Sdn Bhd,[1] the Federal Court addressed the issue of whether an arbitrator’s oral pronouncement on liability...

Court of Appeal in the case of Yeng Chong Realty Bhd (Sebelum Ini Dikenali Sebagai Yeng Chong Realty Sdn Bhd) v Edward Stanislaus De Silva & Ors : Consideration on “Time is of the Essence” Preliminary "By time. Indeed, mankind is in loss." (Quran 103:1-2) Time...

Court of Appeal in the Case of Ong Kwee Lee v Able Perfect Sdn Bhd: Interpretation of Private Express Trust in Shares Sale Introduction The case of Ong Kwee Lee v Able Perfect Sdn Bhd [2025] MLJU 127 before the Court of Appeal centred around the legal interpretation...

Consultative Document and the Companies (Amendment) Act 2024: Roles of Nominee Shareholders On 22 December 2023, the Companies Commission of Malaysia (“CCM”) issued a consultative document regarding its proposed amendments to the Companies Act 2016 (“CA 2016”) related...

Denial of Natural Justice in CIPAA 2012: Insights from Ssangyong Engineering & Construction Co Ltd v Oxley Rising Sdn Bhd and Another Case  Introduction The Malaysian Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) is a pivotal piece of...

Energy Efficiency and Conservation Act 2024 (Act 861): Responsibilities of Energy Consumers In a significant stride towards sustainable energy use, Malaysia has enacted the Energy Efficiency and Conservation Act 2024 (Act 861). This comprehensive law is designed to...

Overview of the Guidelines for Sustainable Development of Data Centres By Alif Mustaqim                                                                                       Published 08.01.2025 Introduction Aiming to become the leading digital hub in Southeast Asia,...

Summary of Key Amendments to The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”) The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Amendment Bill (“Bill”) was passed by...

OFFERING UNLISTED SHARES TO THE PUBLIC: SECTION 43 AND SECTION 44 OF THE COMPANIES ACT 2016 In our previous write-up last March, we explored key considerations for investors regarding securities offerings by unlisted public companies. Building on that foundation, this...

Tracing and Recovering Stolen Cryptocurrencies: Legal Tools Available Introduction Cryptocurrency is a form of purely digital currency that operates using a blockchain-based system for secure and transparent data storage and transaction recording [1]. Cryptocurrency...

Mutual Variation of Written Contract: Port Kelang Authority v Kuala Dimensi Sdn Bhd [2024] 1 MLJ 252 Background Facts In 1993, the Government of Malaysia initiated efforts to develop and transform Port Klang into a national load centre and transhipment hub through the...

Position of Fixed-Term Contract Employment: Muhammad Fawaid Daud v Airod Sdn Bhd [2024] MELRU 836 & A Gilbert D’Cruz v Sapuraacergy Sdn Bhd & Anor [2021] MLJU 2010 Fixed-term employment contracts in Malaysia are agreements that specify a set duration of...

Winding Up Pursuant to an Adjudication Decision: Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU 545 Introduction The decision of the Malaysian Court of Appeal in Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU...

Consequences of Refusing to Pay Arbitration Deposits: Insights from the Case of JSB v ACSB Introduction Arbitration is widely recognised as the preferred method for resolving disputes, particularly in construction contracts. However, the associated costs – such as...

Rights to Inspect Documents by Directors: Principles in Low Ean Nee v. SNE Marketing Sdn Bhd [2024] 1 MLJ 447 The Statutory Right for Inspection of a Director A director’s right to inspect a company’s records is a statutory right explicitly provided under Section 245...

STRENGTHENING REGULATORY COMPLIANCE: UPDATES ON THE REVISED GUIDELINES ON LABUAN MONEY BROKER BUSINESS Introduction On 9 September 2024, the Labuan Financial Services Authority (LFSA) unveiled the revised Guidelines on the Establishment of Money Broking Business in...

Illegal Deposit-Taking: A Legal Perspective on Implications and Recovery for Victims Understanding Illegal Deposit-Taking Illegal deposit-taking can be defined as an individual or entity accepting, receiving or managing deposits such as cash or precious metals without...

NON-DELEGABLE DUTY OF CARE : IMPLICATIONS FROM SIOW CHING YEE V COLUMBIA ASIA SDN BHD [2024] 3 MLJ 66 Factual Background The Appellant, represented by his wife, suffered hypoxic brain damage after complications during emergency care at a hospital managed by the...

EU ARTIFICIAL INTELLIGENCE ACT: IMPLICATIONS FOR MALAYSIAN BUSINESSES Introduction Artificial Intelligence (“AI”) applications shape various aspects of your life in profound ways. They determine the information you encounter online by predicting the content most...

UNJUST ENRICHMENT AGAINST SANCTITY OF A CONTRACT : TAN CHONG INDUSTRIAL EQUIPMENT SDN BHD V TRANSNASIONAL EXPRESS SDN BHD & 6 ORS The principle of unjust enrichment ensures that no one is allowed to retain a benefit obtained at another's expense without a valid...

Case Update: Bringing Oppression to Court on Equitable Considerations: Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 Introduction The case of Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 was an appeal brought to...

The Legal Implications of Unregistered Franchises: An Analysis of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors Introduction The case of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors[1] is significant in the context of Malaysian franchise...

Termination of Contract on the Ground of National Interest The termination of a contract on grounds of national interest is a powerful legal tool enabling governments or designated authorities to end or modify agreements when the welfare of the public or the...

Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers in Malaysia On October 22, 2024, the Malaysian Communications and Multimedia Commission (MCMC) launched a public consultation for its draft Code of Conduct...

Setting Up Family Office in Labuan International Business and Financial Centre (“Labuan IBFC”) The rise in Asia’s economy has left a great demand for customized financial services. As a result, Family Offices[1] (“FOs”) is the preferred option for managing the...

Challenges to Anti-Money Laundering Legislation and Burden of Proof for Money Laundering Offences under The Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 Introduction The Anti-Money Laundering, Anti-Terrorism Financing,...

INTEREST SCHEMES IN MALAYSIA Interest schemes in Malaysia are regulated by the Interest Scheme Act 2016 (“ISA 2016”). Introduced alongside the new Companies Act 2016 (“CA 2016”), the ISA 2016 was originally under Division 5 of the preceding Companies Act 1965 and was...

FUNDAMENTALS OF STAY OF PROCEEDINGS UNDER SECTION 10 OF THE ARBITRATION ACT 2005 In this article we will discuss a few fundamentals on the stay of proceeding for arbitration. We will also discuss the case of Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd...

Pure Economic Loss In Construction Defects: The Malaysian Perspective Introduction Before we go into the substance of the aforementioned subject hereinbelow, it is important to first understand what is means by “pure economic loss”. In this respect, the Federal Court...

INTRODUCTION Assignment is an effective instrument of security and is widely used by financial service providers as a form of security towards facilities provided to their customers. There are two types of assignments. Legal assignment and Equitable assignment. A...

Financing By Co-operatives In Malaysia: Frequently Asked Questions Introduction Thinking of starting a co-operative in Malaysia to offer financing solutions but unsure where to begin? This article covers the basics of co-operatives in Malaysia, answering common...

National Guidelines on AI Governance and Ethics: Everything You Need to Know As the digital landscape evolves, artificial intelligence (AI) emerges as a transformative force across industries, influencing everything from healthcare to finance and even entertainment....

Forest City Special Financial Zone : Everything You Need to Know Introduction Once an ambitious real estate venture, Forest City is now the cornerstone of a revitalisation plan. On 20 September 2024, via the Keynote Address at the Forest City Special Financial Zone...

Understanding Freezing and Seizure Orders under AMLATFPUAA 2001 Within the purview of Section 44 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA)1, the issuance of a freezing order by an enforcement...

New Regulatory Framework for Internet Messaging Service and Social Media Service Providers – Creating safer online environment and protecting individuals online  In the wake of Malaysian Tik Tok influencer, Esha’s tragic death linked to online harassments and death...

CAN A BORROWER ESCAPE REPAYMENT OF AN OUTSTANDING LOAN IF THE BANK BREACHES THE LOAN AGREEMENT OR FACILITY AGREEMENT? INTRODUCTION Can a borrower escape repayment of an outstanding loan if the bank breaches the loan agreement or facility agreement? This issue was...

The Federal Court in Tan Lay Peng (in her capacity as the administratrix of the estate of Tan Leong Huat) v. RHB Bank Berhad had unanimously reaffirmed that the "contract test" is the proper standard for evaluating claims of constructive dismissal.[1]  BRIEF...

In a world where social media is a powerful digital marketing tool, to stand out and establish a strong brand presence is important. Franchising and licensing are two business models utilising commercial contracts that allow the sharing of specific brand elements in...

Introduction  In Malaysia, the tradition of confinement, or pantang, is a deeply rooted aspect of postpartum care, providing new mothers with specialized attention to support their recovery after giving birth. With the growing demand for such care, confinement centres...

• Introduction The Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) introduces a significant shift in handling unpaid claims by allowing Subcontractor to pursue direct payment from the Principal, even in the absence of a direct contractual...

Introduction The Malaysian Federal Court's landmark decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals[1] ("Ang Ming Lee") has profoundly impacted the legal landscape concerning housing...

A. INTRODUCTION: The Respondent, Concrete Parade Sdn Bhd (“Concrete Parade”) filed an oppression claim against Apex Equity Holdings Berhad (“Apex”) and its directors, challenging a proposed merger, a private placement of shares, and share buy-back transactions under...

Introduction to the Digital Era The rapid evolution of Information and Communications Technology (ICT) has propelled the world into a digital age where technologies such as mobile, social media, Big Data, Internet of Things (IoT), Artificial Intelligence (AI), and...

Ever thought that you could own a Picasso painting? Welcome to the world of tokenisation! With advancements in blockchain technology, it is now possible to digitize physical assets and break them down into digital tokens, enabling anyone to invest in or own a share of...

Last year, our Associate, Aryn Rozali has shared a comprehensive article on ‘General Overview on PDPA Compliance in Malaysia’. In that piece, Aryn highlighted the anticipated amendments to the Personal Data Protection Act 2010 (“PDPA”), and today we are thrilled to...

AIAC Fast Track Arbitration Rules The AIAC (Asian International Arbitration Centre) Fast Track Arbitration Rules are designed to provide a streamlined arbitration process for parties seeking to resolve disputes quickly and efficiently. These rules are tailored to...

With the advancement of technology and the widespread use of the internet in all walks of life, there is an unfortunate increase of risk and exposure to online scams. Online scams are activities where computers or network equipment are used as mediums to commit...

Introduction Artificial Intelligence (AI) represents a pivotal technological advancement capable of autonomously analysing environments and executing actions to achieve specific objectives.[1] Essentially, AI refers to the technology that enables machines to perform...

In the recent years, Malaysia has intensified its efforts in combating corporate corruption, culminating in the introduction of Section 17A into the Malaysian Anti-Corruption Commission (MACC) Act through an amendment in 2018. This significant legal development, which...

CASE REVIEW: JULIAN CHONG SOOK KEOK & ANOR v. LEE KIM NOOR & ANOR In the realm of professional negligence, particularly in legal matters, the concept of limitation plays a crucial role in determining when a claim ought to be commenced. The Limitation Act 1953...

After obtaining an adjudication decision, a sequence known as the ‘CIPAA Trilogy E-S-S’ typically ensues – Enforcement, Setting aside and Stay applications. Typically, the party that receives a favourable adjudication decision will seek to enforce the decision if the...

Introduction Can legal fees be claimed as special damages? In the recent Federal Court ruling in Golden Star & Ors v Ling Peek Hoe & Anor and another appeal [2024] MLJU 909, the court addressed whether expenses such as litigation costs, legal charges, and fees...

An EPC (engineering, procurement and construction) contract is a contract between a project owner and an EPC contractor where the EPC contractor is responsible for all the activities from design, procurement, construction, commissioning and handover of the project to...

The Concept of Derivative Action The fundamental concept of corporate personality delineates a company as a legal person, separate from its members and directors. This means that a company possesses its own set of rights and obligations, enabling it to initiate legal...

Introduction The Companies (Amendment) Act 2024 ("CA 2024") was enforced on 1 April 2024 addresses a number of areas regarding the corporate governance framework and corporate rescue mechanism. This article will focus on the discussion on of the amendment which is the...

Constructive Dismissal in Malaysia: Pointers for Employers & Employees In the intricate landscape of employment law, few concepts are as nuanced and potentially contentious as constructive dismissal. Constructive dismissal in Malaysia refers to a situation where...

Congratulations on obtaining a favourable Adjudication Decision under the Construction Industry Payment and Adjudication Act 2012 (CIPAA)! As the Winning Party, you now have several avenues to securing the adjudicated amount. Let’s explore the steps and options...

In contemporary agreements, it has become customary for parties to include arbitration clauses without fully comprehending the financial implications. Consequently, they often find themselves facing unexpectedly high costs associated with arbitration proceedings,...

In Malaysia, capital markets are regulated and developed by the Securities Commission (“SC”) under the Securities Commission Act 1993 (“SCA”). As outlined in the Capital Markets and Services Act 2007 (“CMSA”), 'securities' encompass various forms such as debentures,...

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2024/04/BNM-PD-on-Financial-Technology-Regulatory-Sandbox-08032024.pdf" title="BNM PD on Financial Technology Regulatory Sandbox 08032024"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2024/03/Persons-Interested-and-Reasonable-Expenses-in-Land-Acquisition-in-Malaysia-19032024.pdf" title="Persons Interested and Reasonable Expenses in Land Acquisition in Malaysia 19032024"]

KMSPico is a tool designed to activate Microsoft Windows and Office products without requiring a purchased license key. Activate your software easily with ✓ 98% success rate ➔ Download now for full access!

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/09/Pengenalan-kepada-Akta-Anti-Jualan-Langsung-dan-Skim-Anti-Piramid.pdf" title="Pengenalan kepada Akta Anti Jualan Langsung dan Skim Anti-Piramid"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/09/Akta-Had-Masa-1953.pdf" title="Akta Had Masa 1953"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/09/Perjanjian-Antipersaingan-di-Malaysia.pdf" title="Perjanjian Antipersaingan di Malaysia"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/08/The-Fifth-Estate-Whistleblowing-for-Corporations-in-Malaysia.pdf" title="The Fifth Estate - Whistleblowing for Corporations in Malaysia"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/08/Overview-on-MCCG-in-Public-Listed-Companies-NFA.pdf" title="Overview on MCCG in Public Listed Companies (NFA)"]

Introduction to Labuan Foundation for Corporations Labuan, widely known to be of an offshore jurisdiction offers companies an opportunity under the Labuan Foundations Act 2010 (“LFA”) to independently hold assets under its own name as registered body corporate with...

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/08/Statutory-Adjudication-vs-Arbitration-vs-Civil-Courts-KRN-01082023.pdf" title="Statutory Adjudication vs Arbitration vs Civil Courts (KRN) 01082023"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/08/Overview-of-Types-of-Injuctions-in-Malaysia.pdf" title="Overview of Types of Injuctions in Malaysia"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/05/General-Overview-on-PDPA-19052023-AR.pdf" title="General Overview on PDPA 19052023 (AR)"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/05/Duties-of-Director-MAZ-15052023-1.pdf" title="Duties of Director (MAZ) 15052023"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/05/Winding-Up-on-Just-and-Equitable-Grounds-AHK-08052023.pdf" title="Winding Up on Just and Equitable Grounds (AHK) 08052023"]

[pdf-embedder url="https://nzchambers.com/wp-content/uploads/2023/05/The-Application-of-Order-14A-of-the-Rules-of-Court-2012-NHK-03052023.pdf" title="The Application of Order 14A of the Rules of Court 2012 (NHK) 03052023"]

Introduction Money lending is the act of lending of money at interest, with or without security, from a lender to a borrower[1]. In Malaysia, the money lending business is especially regulated by the Moneylenders Act 1951 (‘Act’) subject to the exception provided...

Introduction The rapid development of digital currency/token as a form of investment, mode of payment and now entertainment has forced the government in every country to develop a regulatory framework in order to provide layers of protection and accountability for the...

WHAT IS A RECONSTRUCTION? A reconstruction is a scheme formulated by companies that held by substantially the same shareholders wherein the former company’s business and undertakings will be transferred and carried out by the new company. As stated by Buckley J in the...

Introduction Although the law of negligence is not something foreign to the legal fraternity, the tests or principles to conclude a tortious act has been evolving throughout time. In the majority of tort cases, one of the determinations on whether a defendant is...

A reduction of capital occurs where a company reduces the amount of its share capital. Under the Malaysia Companies Act 2016 (‘Act’), the Act provides two methods for companies to execute its scheme of capital reduction. This is an addition from the previous Companies...

On 21 March 2022, the Dewan Rakyat has taken a further step in passing the Employment (Amendment) Bill 2022 (‘Bill’) to amend the Employment Act 1955 (‘EA 1955’). The said Bill was passed in Dewan Negara on 30 March 2022 and assented on 26 April 2022 and gazetted as...

United Kingdom Brief Facts: In the case of AA v Persons Unknown [2019] EWHC 3556 (Comm), the Commercial Court in the UK granted an interim proprietary injunction on Bitcoin. It was later confirmed that Bitcoin, a form of cryptocurrency is considered as property. In...

Overview of Stamp Duty for Transactional Documents – Federal Court’s Decision in Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem In the recent decision of Havi Logistics (M) Sdn Bhd v. Pemungut Duti Setem [2025] 2 MLJ 845, the Federal Court clarified critical...

Cross Border Personal Data Transfer Guidelines: Everything You Need to Know Recently, the Personal Data Protection (Amendment) Act 2024[1] has introduced amendments to Personal Data Protection Act 2010[2] (“PDPA”), including updated definitions, mandatory data breach...

Data Sharing Act 2025: Everything You Need to Know Introduction The Data Sharing Act 2025 ("the Act") marks a significant milestone in Malaysia’s commitment to enhancing digital governance through structured and secure inter-agency data exchange.[1] Coming into effect...

Consumer Credit Act: Insights Of Phased Implementation Introduction of the Consumer Credit Bill 2025 Regulations continue to be seen as critical to achieve stability in the increasingly complex and multi-faceted financial system. The Finance Minister II, Datuk Seri...

Overview Of Malaysia's Legal Framework For Acquisition Of Real Estate By Foreign Company Introduction Malaysia is a popular destination for foreign investment due to its relatively reasonable real estate costs. To further attract foreign investors, the country’s real...

Key Takeaways of the Data Sharing Act 2025 Introduction The Data Sharing Act 2025 (“Act”), which was passed by the House of Representatives on 12 December 2024 and has received Royal Assent,[1] represents a significant milestone in strengthening data governance within...

Key Amendments of OSHA 1994 and OSHAA 2022 Introduction The Occupational Safety and Health Act 1994 (“OSHA 1994”) was a landmark law aimed at ensuring safety, health and welfare at work. However, with changes in industries and emerging workplace risks, the...

A Guide to Securities Commission Regulatory Sandbox Definition and purpose: A regulatory sandbox is a framework that allows companies to test innovative capital market products or services within a controlled environment. It enables businesses to trial new solutions...

Federal Court: Kuala Dimensi Sdn Bhd v Port Kelang Authority [2025] CLJU 142 – Consideration Requirement for Contract Variations In our previous article[1], we covered the Court of Appeal’s decision in the Port Klang Free Zone case, where the Court of Appeal ruled...

Cross-Claim in Adjudication: Overview of the Court of Appeal's decision in Tera VA Sdn. Bhd. v Ayam Bintang Istimewa Sdn. Bhd. Introduction The principle of crossclaims is a well-established aspect of Civil Litigation. Upon receipt of a claim from an aggrieved Party...

Analysis of "Aggrieved Person" from the Court of Appeal's Decision in TransferWise Ltd. v Public Bank Berhad INTRODUCTION The legal concept of an "aggrieved person" plays a crucial role in trademark law, particularly in matters concerning the revocation of a...

Overview of Private Lease Scheme in Malaysia In 2012, a developer company known as Iskandar Investment Berhad introduced a unique arrangement that seems like a normal property purchase. However, in reality, it only granted their purchasers a long-term leasehold...

PREDICTION MARKET PLATFORMS: LEGAL ANALYSIS ON REGULATORY COMPLIANCE IN MALAYSIA    What are Prediction Market Platforms? Prediction markets are decentralized platforms accessible to the public, enabling participants to engage in real-time prediction trading. One...

Directorship and Employment: Analysis of Dual-Role Relationship in Woon Kim Choy v Acexide Technology Sdn Bhd & Anor [2024] MLJU 3109 Introduction Directors are often perceived as figures standing at the top of the company hierarchy, holding a distinct role...

D'Aloia v Person Unknown and others [2022] EWHC 1723 Introduction The case of D'Aloia v Person Unknown others [2022] EWHC 1723 before the High Court of England and Wales is centred around fraudulent misappropriation of cryptocurrency against several defendants. The...

Key Amendments to the Communications and Multimedia Act Pursuant to the Communications and Multimedia (Amendment) Bill 2024 The Communications and Multimedia (Amendment) Bill 2024 (“CMA Bill”) has brought forward a series of significant updates to the Communications...

Johor-Singapore Special Economic Zone (“JS-SEZ”) Tax Incentive Package Introduction On 7 January 2025, Malaysia and Singapore exchanged an agreement on the Johor-Singapore Special Economic Zone (“JS-SEZ”) signed by Malaysia’s Minister of Economy, Rafizi Ramli, and...

Federal Court in the Case of Telekom Malaysia Berhad v. Obnet Sdn Bhd: Significance of Written Arbitral Awards Introduction In Telekom Malaysia Berhad v. Obnet Sdn Bhd,[1] the Federal Court addressed the issue of whether an arbitrator’s oral pronouncement on liability...

Court of Appeal in the case of Yeng Chong Realty Bhd (Sebelum Ini Dikenali Sebagai Yeng Chong Realty Sdn Bhd) v Edward Stanislaus De Silva & Ors : Consideration on “Time is of the Essence” Preliminary "By time. Indeed, mankind is in loss." (Quran 103:1-2) Time...

Court of Appeal in the Case of Ong Kwee Lee v Able Perfect Sdn Bhd: Interpretation of Private Express Trust in Shares Sale Introduction The case of Ong Kwee Lee v Able Perfect Sdn Bhd [2025] MLJU 127 before the Court of Appeal centred around the legal interpretation...

Consultative Document and the Companies (Amendment) Act 2024: Roles of Nominee Shareholders On 22 December 2023, the Companies Commission of Malaysia (“CCM”) issued a consultative document regarding its proposed amendments to the Companies Act 2016 (“CA 2016”) related...

Denial of Natural Justice in CIPAA 2012: Insights from Ssangyong Engineering & Construction Co Ltd v Oxley Rising Sdn Bhd and Another Case  Introduction The Malaysian Construction Industry Payment and Adjudication Act 2012 (CIPAA 2012) is a pivotal piece of...

Energy Efficiency and Conservation Act 2024 (Act 861): Responsibilities of Energy Consumers In a significant stride towards sustainable energy use, Malaysia has enacted the Energy Efficiency and Conservation Act 2024 (Act 861). This comprehensive law is designed to...

Overview of the Guidelines for Sustainable Development of Data Centres By Alif Mustaqim                                                                                       Published 08.01.2025 Introduction Aiming to become the leading digital hub in Southeast Asia,...

Summary of Key Amendments to The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”) The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Amendment Bill (“Bill”) was passed by...

OFFERING UNLISTED SHARES TO THE PUBLIC: SECTION 43 AND SECTION 44 OF THE COMPANIES ACT 2016 In our previous write-up last March, we explored key considerations for investors regarding securities offerings by unlisted public companies. Building on that foundation, this...

Tracing and Recovering Stolen Cryptocurrencies: Legal Tools Available Introduction Cryptocurrency is a form of purely digital currency that operates using a blockchain-based system for secure and transparent data storage and transaction recording [1]. Cryptocurrency...

Mutual Variation of Written Contract: Port Kelang Authority v Kuala Dimensi Sdn Bhd [2024] 1 MLJ 252 Background Facts In 1993, the Government of Malaysia initiated efforts to develop and transform Port Klang into a national load centre and transhipment hub through the...

Position of Fixed-Term Contract Employment: Muhammad Fawaid Daud v Airod Sdn Bhd [2024] MELRU 836 & A Gilbert D’Cruz v Sapuraacergy Sdn Bhd & Anor [2021] MLJU 2010 Fixed-term employment contracts in Malaysia are agreements that specify a set duration of...

Winding Up Pursuant to an Adjudication Decision: Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU 545 Introduction The decision of the Malaysian Court of Appeal in Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU...

Consequences of Refusing to Pay Arbitration Deposits: Insights from the Case of JSB v ACSB Introduction Arbitration is widely recognised as the preferred method for resolving disputes, particularly in construction contracts. However, the associated costs – such as...

Rights to Inspect Documents by Directors: Principles in Low Ean Nee v. SNE Marketing Sdn Bhd [2024] 1 MLJ 447 The Statutory Right for Inspection of a Director A director’s right to inspect a company’s records is a statutory right explicitly provided under Section 245...

STRENGTHENING REGULATORY COMPLIANCE: UPDATES ON THE REVISED GUIDELINES ON LABUAN MONEY BROKER BUSINESS Introduction On 9 September 2024, the Labuan Financial Services Authority (LFSA) unveiled the revised Guidelines on the Establishment of Money Broking Business in...

Illegal Deposit-Taking: A Legal Perspective on Implications and Recovery for Victims Understanding Illegal Deposit-Taking Illegal deposit-taking can be defined as an individual or entity accepting, receiving or managing deposits such as cash or precious metals without...

NON-DELEGABLE DUTY OF CARE : IMPLICATIONS FROM SIOW CHING YEE V COLUMBIA ASIA SDN BHD [2024] 3 MLJ 66 Factual Background The Appellant, represented by his wife, suffered hypoxic brain damage after complications during emergency care at a hospital managed by the...

EU ARTIFICIAL INTELLIGENCE ACT: IMPLICATIONS FOR MALAYSIAN BUSINESSES Introduction Artificial Intelligence (“AI”) applications shape various aspects of your life in profound ways. They determine the information you encounter online by predicting the content most...

UNJUST ENRICHMENT AGAINST SANCTITY OF A CONTRACT : TAN CHONG INDUSTRIAL EQUIPMENT SDN BHD V TRANSNASIONAL EXPRESS SDN BHD & 6 ORS The principle of unjust enrichment ensures that no one is allowed to retain a benefit obtained at another's expense without a valid...

Case Update: Bringing Oppression to Court on Equitable Considerations: Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 Introduction The case of Ho Sue San @ David Ho Sue San v Hovid Berhad & 2 Ors [2024] MLJU 1358 was an appeal brought to...

The Legal Implications of Unregistered Franchises: An Analysis of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors Introduction The case of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors[1] is significant in the context of Malaysian franchise...

Termination of Contract on the Ground of National Interest The termination of a contract on grounds of national interest is a powerful legal tool enabling governments or designated authorities to end or modify agreements when the welfare of the public or the...

Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers in Malaysia On October 22, 2024, the Malaysian Communications and Multimedia Commission (MCMC) launched a public consultation for its draft Code of Conduct...

Setting Up Family Office in Labuan International Business and Financial Centre (“Labuan IBFC”) The rise in Asia’s economy has left a great demand for customized financial services. As a result, Family Offices[1] (“FOs”) is the preferred option for managing the...

Challenges to Anti-Money Laundering Legislation and Burden of Proof for Money Laundering Offences under The Anti-Money Laundering, Anti-Terrorism Financing, and Proceeds of Unlawful Activities Act 2001 Introduction The Anti-Money Laundering, Anti-Terrorism Financing,...

INTEREST SCHEMES IN MALAYSIA Interest schemes in Malaysia are regulated by the Interest Scheme Act 2016 (“ISA 2016”). Introduced alongside the new Companies Act 2016 (“CA 2016”), the ISA 2016 was originally under Division 5 of the preceding Companies Act 1965 and was...

FUNDAMENTALS OF STAY OF PROCEEDINGS UNDER SECTION 10 OF THE ARBITRATION ACT 2005 In this article we will discuss a few fundamentals on the stay of proceeding for arbitration. We will also discuss the case of Channel Tunnel Group Ltd v Balfour Beatty Construction Ltd...

Pure Economic Loss In Construction Defects: The Malaysian Perspective Introduction Before we go into the substance of the aforementioned subject hereinbelow, it is important to first understand what is means by “pure economic loss”. In this respect, the Federal Court...

INTRODUCTION Assignment is an effective instrument of security and is widely used by financial service providers as a form of security towards facilities provided to their customers. There are two types of assignments. Legal assignment and Equitable assignment. A...

Financing By Co-operatives In Malaysia: Frequently Asked Questions Introduction Thinking of starting a co-operative in Malaysia to offer financing solutions but unsure where to begin? This article covers the basics of co-operatives in Malaysia, answering common...

National Guidelines on AI Governance and Ethics: Everything You Need to Know As the digital landscape evolves, artificial intelligence (AI) emerges as a transformative force across industries, influencing everything from healthcare to finance and even entertainment....

Forest City Special Financial Zone : Everything You Need to Know Introduction Once an ambitious real estate venture, Forest City is now the cornerstone of a revitalisation plan. On 20 September 2024, via the Keynote Address at the Forest City Special Financial Zone...

Understanding Freezing and Seizure Orders under AMLATFPUAA 2001 Within the purview of Section 44 of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA)1, the issuance of a freezing order by an enforcement...

New Regulatory Framework for Internet Messaging Service and Social Media Service Providers – Creating safer online environment and protecting individuals online  In the wake of Malaysian Tik Tok influencer, Esha’s tragic death linked to online harassments and death...

CAN A BORROWER ESCAPE REPAYMENT OF AN OUTSTANDING LOAN IF THE BANK BREACHES THE LOAN AGREEMENT OR FACILITY AGREEMENT? INTRODUCTION Can a borrower escape repayment of an outstanding loan if the bank breaches the loan agreement or facility agreement? This issue was...

The Federal Court in Tan Lay Peng (in her capacity as the administratrix of the estate of Tan Leong Huat) v. RHB Bank Berhad had unanimously reaffirmed that the "contract test" is the proper standard for evaluating claims of constructive dismissal.[1]  BRIEF...

In a world where social media is a powerful digital marketing tool, to stand out and establish a strong brand presence is important. Franchising and licensing are two business models utilising commercial contracts that allow the sharing of specific brand elements in...

Introduction  In Malaysia, the tradition of confinement, or pantang, is a deeply rooted aspect of postpartum care, providing new mothers with specialized attention to support their recovery after giving birth. With the growing demand for such care, confinement centres...

• Introduction The Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) introduces a significant shift in handling unpaid claims by allowing Subcontractor to pursue direct payment from the Principal, even in the absence of a direct contractual...

Introduction The Malaysian Federal Court's landmark decision in Ang Ming Lee & Ors v Menteri Kesejahteraan Bandar, Perumahan Dan Kerajaan Tempatan & Anor And Other Appeals[1] ("Ang Ming Lee") has profoundly impacted the legal landscape concerning housing...

A. INTRODUCTION: The Respondent, Concrete Parade Sdn Bhd (“Concrete Parade”) filed an oppression claim against Apex Equity Holdings Berhad (“Apex”) and its directors, challenging a proposed merger, a private placement of shares, and share buy-back transactions under...

Introduction to the Digital Era The rapid evolution of Information and Communications Technology (ICT) has propelled the world into a digital age where technologies such as mobile, social media, Big Data, Internet of Things (IoT), Artificial Intelligence (AI), and...

Ever thought that you could own a Picasso painting? Welcome to the world of tokenisation! With advancements in blockchain technology, it is now possible to digitize physical assets and break them down into digital tokens, enabling anyone to invest in or own a share of...

Last year, our Associate, Aryn Rozali has shared a comprehensive article on ‘General Overview on PDPA Compliance in Malaysia’. In that piece, Aryn highlighted the anticipated amendments to the Personal Data Protection Act 2010 (“PDPA”), and today we are thrilled to...

AIAC Fast Track Arbitration Rules The AIAC (Asian International Arbitration Centre) Fast Track Arbitration Rules are designed to provide a streamlined arbitration process for parties seeking to resolve disputes quickly and efficiently. These rules are tailored to...

With the advancement of technology and the widespread use of the internet in all walks of life, there is an unfortunate increase of risk and exposure to online scams. Online scams are activities where computers or network equipment are used as mediums to commit...

Introduction Artificial Intelligence (AI) represents a pivotal technological advancement capable of autonomously analysing environments and executing actions to achieve specific objectives.[1] Essentially, AI refers to the technology that enables machines to perform...

In the recent years, Malaysia has intensified its efforts in combating corporate corruption, culminating in the introduction of Section 17A into the Malaysian Anti-Corruption Commission (MACC) Act through an amendment in 2018. This significant legal development, which...

CASE REVIEW: JULIAN CHONG SOOK KEOK & ANOR v. LEE KIM NOOR & ANOR In the realm of professional negligence, particularly in legal matters, the concept of limitation plays a crucial role in determining when a claim ought to be commenced. The Limitation Act 1953...

After obtaining an adjudication decision, a sequence known as the ‘CIPAA Trilogy E-S-S’ typically ensues – Enforcement, Setting aside and Stay applications. Typically, the party that receives a favourable adjudication decision will seek to enforce the decision if the...

Introduction Can legal fees be claimed as special damages? In the recent Federal Court ruling in Golden Star & Ors v Ling Peek Hoe & Anor and another appeal [2024] MLJU 909, the court addressed whether expenses such as litigation costs, legal charges, and fees...

An EPC (engineering, procurement and construction) contract is a contract between a project owner and an EPC contractor where the EPC contractor is responsible for all the activities from design, procurement, construction, commissioning and handover of the project to...

The Concept of Derivative Action The fundamental concept of corporate personality delineates a company as a legal person, separate from its members and directors. This means that a company possesses its own set of rights and obligations, enabling it to initiate legal...

Introduction The Companies (Amendment) Act 2024 ("CA 2024") was enforced on 1 April 2024 addresses a number of areas regarding the corporate governance framework and corporate rescue mechanism. This article will focus on the discussion on of the amendment which is the...

Constructive Dismissal in Malaysia: Pointers for Employers & Employees In the intricate landscape of employment law, few concepts are as nuanced and potentially contentious as constructive dismissal. Constructive dismissal in Malaysia refers to a situation where...

Congratulations on obtaining a favourable Adjudication Decision under the Construction Industry Payment and Adjudication Act 2012 (CIPAA)! As the Winning Party, you now have several avenues to securing the adjudicated amount. Let’s explore the steps and options...

In contemporary agreements, it has become customary for parties to include arbitration clauses without fully comprehending the financial implications. Consequently, they often find themselves facing unexpectedly high costs associated with arbitration proceedings,...

In Malaysia, capital markets are regulated and developed by the Securities Commission (“SC”) under the Securities Commission Act 1993 (“SCA”). As outlined in the Capital Markets and Services Act 2007 (“CMSA”), 'securities' encompass various forms such as debentures,...

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Introduction to Labuan Foundation for Corporations Labuan, widely known to be of an offshore jurisdiction offers companies an opportunity under the Labuan Foundations Act 2010 (“LFA”) to independently hold assets under its own name as registered body corporate with...

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Introduction Money lending is the act of lending of money at interest, with or without security, from a lender to a borrower[1]. In Malaysia, the money lending business is especially regulated by the Moneylenders Act 1951 (‘Act’) subject to the exception provided...

Introduction The rapid development of digital currency/token as a form of investment, mode of payment and now entertainment has forced the government in every country to develop a regulatory framework in order to provide layers of protection and accountability for the...

WHAT IS A RECONSTRUCTION? A reconstruction is a scheme formulated by companies that held by substantially the same shareholders wherein the former company’s business and undertakings will be transferred and carried out by the new company. As stated by Buckley J in the...

Introduction Although the law of negligence is not something foreign to the legal fraternity, the tests or principles to conclude a tortious act has been evolving throughout time. In the majority of tort cases, one of the determinations on whether a defendant is...

A reduction of capital occurs where a company reduces the amount of its share capital. Under the Malaysia Companies Act 2016 (‘Act’), the Act provides two methods for companies to execute its scheme of capital reduction. This is an addition from the previous Companies...

On 21 March 2022, the Dewan Rakyat has taken a further step in passing the Employment (Amendment) Bill 2022 (‘Bill’) to amend the Employment Act 1955 (‘EA 1955’). The said Bill was passed in Dewan Negara on 30 March 2022 and assented on 26 April 2022 and gazetted as...

United Kingdom Brief Facts: In the case of AA v Persons Unknown [2019] EWHC 3556 (Comm), the Commercial Court in the UK granted an interim proprietary injunction on Bitcoin. It was later confirmed that Bitcoin, a form of cryptocurrency is considered as property. In...