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Financial Services
Consultative Document and the Companies (Amendment) Act 2024: Roles of Nominee Shareholders
14 January 2025
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...
Tracing and Recovering Stolen Cryptocurrencies: Legal Tools Available
11 December 2024
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...
Setting Up Family Office in Labuan International Business and Financial Centre (“Labuan IBFC”)
24 October 2024
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...
Rules Of Competing Security: Dearle v Hall
07 October 2024
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
01 October 2024
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...
Forest City Special Financial Zone : Everything You Need to Know
26 September 2024
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...
REAL WORLD ASSETS
29 July 2024
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...
BNM POLICY DOCUMENT 2024: SUMMARY ON POLICY DOCUMENT FOR THE FINANCIAL TECHNOLOGY REGULATORY
03 April 2024
Introduction to Labuan Foundation for Corporations
02 August 2023
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...
Law 101 on Moneylending Agreement in Malaysia
03 February 2023
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...
Guidelines on Recognized Market Operators in Malaysia
03 February 2023
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...
Essential Legal Cases Concerning Cryptocurrencies
06 July 2022
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...
A Single Statute for Consumer Credit in Malaysia
01 July 2022
Setting up a Money Services Business in Malaysia
21 November 2021
In Malaysia, money services business is governed under the Money Services Business Act 2011 (“MSBA 2011”) which provides licensing, regulations and supervisions of money services business. According to Section 2 of the MSBA 2011, money service business refers to...
Guide on STO as Alternative Fund-Raising Mechanism in Labuan
14 October 2021
In the past few months, we have seen prices of cryptocurrency in particularly Bitcoin grew significantly within a short period of time. Bitcoin was the first decentralized digital currency created in 2009 by Satoshi Nakamoto on the basis of open-source software. It...
Advisory & Compliance
Energy Efficiency and Conservation Act 2024 (Act 861): Responsibilities of Energy Consumers
08 January 2025
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...
Summary of Key Amendments to The Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA 2001”)
31 December 2024
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...
STRENGTHENING REGULATORY COMPLIANCE: UPDATES ON THE REVISED GUIDELINES ON LABUAN MONEY BROKER BUSINESS
03 December 2024
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
02 December 2024
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...
EU ARTIFICIAL INTELLIGENCE ACT: IMPLICATIONS FOR MALAYSIAN BUSINESSES
26 November 2024
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...
The Legal Implications of Unregistered Franchises: An Analysis of Dr HK Fong Brainbuilder Pte Ltd v SG-Maths Sdn Bhd & Ors
18 November 2024
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...
Code of Conduct (Best Practice) for Internet Messaging Service Providers and Social Media Service Providers in Malaysia
05 November 2024
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...
NATIONAL GUIDELINES ON AI GOVERNANCE AND ETHICS: EVERYTHING YOU NEED TO KNOW
30 September 2024
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....
FREEZING & SEIZING UNDER AMLACFTPUA 2001
19 September 2024
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...
MCMC NEW LICENSING REQUIREMENTS
10 September 2024
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...
Franchising vs Licensing
22 August 2024
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...
Confinement Centre In Malaysia: Laws, Regulations & Challenges
20 August 2024
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...
GUIDE ON MALAYSIA’S CYBER SECURITY ACT 2024
30 July 2024
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...
PERSONAL DATA PROTECTION ACT (PDPA) COMPLIANCE: LATEST AMENDMENTS IN 2024
26 July 2024
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...
OVERVIEW OF ASSETS TRACKING IN ONLINE SCAM
17 July 2024
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...
ARTIFICIAL INTELLIGENCE IN MANAGING COMPLIANCE RISK FOR MSMEs
12 July 2024
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...
NAVIGATING CORPORATE LIABILITY: Understanding Section 17A of the MACC Act 2009 and Its Implications for Malaysian Businesses
11 July 2024
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...
GUIDE ON BENEFICIAL OWNERSHIP REPORTING 2024
16 May 2024
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...
Business Trust: Introduction and Guidelines from the Securities Commission Malaysia (“SC”)
07 May 2024
Business Trust (“BT”) is a relatively new concept as it was introduced as a class of asset in the Malaysian capital market following the release of the Securities Commission Malaysia’s (“SC”) Business Trust Guidelines issued on the 28th of December 2012. The debut of...
Pengenalan kepada Akta Anti Jualan Langsung dan Skim Anti-Piramid
25 September 2023
Akta Had Masa 1953: Pemakaian dan Kekangan
20 September 2023
Perjanjian Antipersaingan di Malaysia
18 September 2023
The Fifth Estate: Whistleblowing for Corporations in Malaysia
09 August 2023
Overview on the Malaysian Code on Corporate Governance: Its Implementation and Implications on Public Listed Companies in Malaysia
09 August 2023
General Overview on PDPA Compliance in Malaysia
19 May 2023
With Great Powers, Comes Great Responsibility: Duties of Directors
15 May 2023
Key Highlights on the Employment (Amendment) Act 2022
26 August 2022
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...
The Impact of Covid-19 Act 2020 on Business Owners
03 February 2022
INTRODUCTION On 22 December 2021, the Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar has informed that Part II (Inability to Perform Contractual Obligations) of the Temporary Measures to Reduce the Impact of...
A Written Opinion on the Malaysian Hire Purchase Act 1967
04 January 2022
Introduction The Hire Purchase Act 1967 (herein after referred to as “HPA”) is commonly used for the purpose of sale and purchase of motor cycle and car. Hire Purchase is the hiring of goods with the option to buy the goods at the end of the hire purchase term....
Understanding Limited Liability Partnership (LLP) in Malaysia
27 January 2021
Understanding Limited Liability Partnership (LLP) in Malaysia Limited Liability Partnership (“LLP”) is a new corporate vehicle introduced by the enactment of Limited Liability Partnerships Act 2012. LLP combines the features and benefits of a private limited company...
Projects & Infrastructure
Denial of Natural Justice in CIPAA 2012: Insights from Ssangyong Engineering & Construction Co Ltd v Oxley Rising Sdn Bhd and Another Case
13 January 2025
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...
Overview of the Guidelines for Sustainable Development of Data Centres
08 January 2025
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,...
Winding Up Pursuant to an Adjudication Decision: Bludream City Development Sdn Bhd v Pembinaan Bina Bumi Sdn Bhd [2024] CLJU 545
09 December 2024
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
05 December 2024
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...
FUNDAMENTALS OF STAY OF PROCEEDINGS UNDER SECTION 10 OF THE ARBITRATION ACT 2005
15 October 2024
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
14 October 2024
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...
HOW CAN AN EMPLOYER/PRINCIPAL RESIST A DIRECT PAYMENT REQUEST FROM A SUBCONTRACTOR?
12 August 2024
• 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...
FEDERAL COURT’S LANDMARK RULING IN PREMA BONANZA CASE: What Developers and Purchasers Need To Know!
06 August 2024
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...
OVERVIEW OF AIAC FAST TRACK PROCEDURES
24 July 2024
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...
CAN AN ADJUDICATION DECISION HIT PAUSE POST-ENFORCEMENT?
28 June 2024
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...
What is an EPC Contract?
24 May 2024
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...
WHAT TO DO AFTER WINNING AN ADJUDICATION DECISION?
03 May 2024
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...
STRATEGIC COST MANAGEMENT IN ARBITRATION
03 April 2024
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,...
Statutory Adjudication vs Arbitration vs Civil Courts: The Non-Defaulting Party’s Perspective in the context of a Construction Contract
01 August 2023
Closing the Financial Close for Large Scale Solar Project
02 November 2021
In Malaysia, Large Scale Solar (“LSS”) is a competitive bidding programme by the Energy Commission to drive down the Levelized Cost of Energy (“LCOE”) for the development of large scale solar photovoltaic plant. Through the LSS scheme, the LSS developers...
Large Scale Solar 4 – Things to consider in contract management
26 January 2021
With recent announcement by the Government of Malaysia on the execution of Large Scale Solar 4 program, every companies that involve directly with solar and renewable energy are busy looking into suitable land for leasing as well as structuring their bidding...
Mergers & Acquisitions
OFFERING UNLISTED SHARES TO THE PUBLIC: SECTION 43 AND SECTION 44 OF THE COMPANIES ACT 2016
16 December 2024
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...
Interest Schemes In Malaysia
16 October 2024
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...
OVERVIEW OF DATO’ AZIZAN BIN ABD RAHMAN & ORS V CONCRETE PARADE
31 July 2024
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...
Issuing Securities for Unlisted Companies in Malaysia: Investors Must Know
03 April 2024
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,...
Frequently-Asked-Question on Reconstruction and Amalgamation of Companies in Malaysia
17 October 2022
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...
Capital Reduction under Companies Act 2016
01 September 2022
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...
Employee Share Option Scheme
23 May 2022
INTRODUCTION It goes without saying. Employees are an asset to a company and is the most crucial one in carrying out a business. To ensure continuous growth and development, companies realize the need to gain employee loyalty and to retain them. However, in today’s...
Equity Fundraising for a Private Limited Company in Malaysia
19 May 2022
Introduction Equity fundraising is a method that can be used by Private Limited Companies (known as Sendirian Berhad or Sdn. Bhd.) in Malaysia to raise funds from potential investors for the purpose of the company’s expansion or survival. Through equity fundraising, a...
LAW 101 on Non-Dilution Clauses
26 January 2021
Due to the pandemic, times are challenging for some business owners. Temporary closing on businesses, enforcement of Force Majeure in contracts and delay in payments have caused major setbacks and, in many instances,, crippled businesses. Companies need positive cash...
Due Diligence – Frequently Asked Questions
26 January 2021
WHAT IS DUE DILIGENCE? Due diligence has no legal definition. However, according to Merriam Webster, due diligence in a business is a research and analysis of a company or organization done in preparation for a business transaction (such as corporate merger or...
Dispute Resolution
Mutual Variation of Written Contract: Port Kelang Authority v Kuala Dimensi Sdn Bhd [2024] 1 MLJ 252
10 December 2024
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
10 December 2024
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...
Rights to Inspect Documents by Directors: Principles in Low Ean Nee v. SNE Marketing Sdn Bhd [2024] 1 MLJ 447
04 December 2024
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...
NON-DELEGABLE DUTY OF CARE : IMPLICATIONS FROM SIOW CHING YEE V COLUMBIA ASIA SDN BHD [2024] 3 MLJ 66
28 November 2024
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...
UNJUST ENRICHMENT AGAINST SANCTITY OF A CONTRACT : TAN CHONG INDUSTRIAL EQUIPMENT SDN BHD V TRANSNASIONAL EXPRESS SDN BHD & 6 ORS
25 November 2024
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
20 November 2024
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...
Termination of Contract on the Ground of National Interest
07 November 2024
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...
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
21 October 2024
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,...
BANK KERJASAMA RAKYAT MALAYSIA BERHAD v GM HEALTHCARE
09 September 2024
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...
CONTRACT OR REASONABLENESS TEST IN CONSTRUCTIVE DISMISSAL
03 September 2024
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...
DETERMINING TIME-PERIOD LIMITATION IN NEGLIGENCE CASE
02 July 2024
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...
ARE LEGAL FEES CLAIMABLE AS DAMAGES?
28 June 2024
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...
Statutory Derivative Action
21 May 2024
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...
CONSTRUCTIVE DISMISSAL in Malaysia: Pointers for Employers & Employees
03 May 2024
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...
Persons Interested and Reasonable Expenses in Land Acquisition in Malaysia
19 March 2024
Types of Injuctions in Malaysia
01 August 2023
Winding-Up On Just & Equitable Grounds: What Does It Entails?
08 May 2023
Summary Judgement by Question of Law? – The Application of Order 14A of the Rules of Court 2012
03 May 2023
Recent Development on Law of Negligence in Malaysia
07 September 2022
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...
Restitution: The Remedy to Unjust Enrichment
27 May 2022
Restitution: The Remedy to Unjust Enrichment According to Goff & Jones (2011) the law of unjust enrichment is concerned with the transfers of value between claimants and defendants. It is a cause of action to which a third category of remedy, i.e., the restitution...
Freezing Injunctions in Aid of Foreign Proceedings – Post Convoy Collateral
29 April 2022
Introduction: In these changing times when financial assets can be so easily and speedily moved to different parts of the world, with the growth in the use of offshore companies and the growth of international litigation and arbitration, freezing injunctions (or...