Articles

Staying ahead of the curve. Expert analysis on the latest Malaysian legal developments and business trends.

Termination, Retrenchment & MSAs in Malaysia: Why Compliance Alone Isn’t Enough

Termination, Retrenchment & MSAs in Malaysia: Why Compliance Alone Isn’t Enough

Introduction Termination and retrenchment are among the most delicate issues in Malaysian employment law. Many employers mistakenly assume that the Employment Act 1955 (“EA”) only …

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Joint Divorce Petition (Non-Islamic) in Malaysia

Joint Divorce Petition (Non-Islamic) in Malaysia

Joint Divorce Petition (Non-Islamic) in Malaysia For non-Muslim or civil marriages in Malaysia, the Law Reform (Marriage and Divorce) Act 1976 (“LRA”) applies and is enfo…

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Due Diligence – A Director’s Life Jacket

Due Diligence – A Director’s Life Jacket

Due Diligence – A Director’s Life Jacket The new Companies Act 2016 (“CA 2016”) imposes heavier sanctions for directors who breach the Act. The RM30,000 fine under the old Companie…

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Is it impossible to dismiss an employee lawfully in Malaysia?

Is it impossible to dismiss an employee lawfully in Malaysia?

A couple of weeks ago, I attended an employment seminar and some of the attendees seated next to me are either business owners and HR executives from start-ups, SMEs and leading MN…

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Tenancy: Compensation for Premature Termination

Tenancy: Compensation for Premature Termination

In most tenancy agreements, a default clause on termination would normally be prescribed. The standard default clause would provide, among others, that should the tenant wishes to …

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Something to Ponder: Insertion of Article 121 (1A) and the Concurrence of Sabah and Sarawak

Something to Ponder: Insertion of Article 121 (1A) and the Concurrence of Sabah and Sarawak

A Constitution of a State has long been accepted and referred to as a ‘Bible’ for the running of the State. It regulates the powers and functions of the institutions of government,…

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The Position of “Without Prejudice” Letter

The Position of “Without Prejudice” Letter

Generally, a “without prejudice” letter is a privileged document that specifically relate to negotiations genuinely aimed at a settlement between parties in a dispute. It is settle…

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Filing small claims at the Magistrates’ Court in Malaysia

Filing small claims at the Magistrates’ Court in Malaysia

Have you ever wondered if it is worth to file a matter at court to claim for a small sum (i.e. not more than RM5000)? Why not? Sometimes it’s not just about the money, especially w…

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Private Caveat is not a security for all

Private Caveat is not a security for all

In the corporate world, no matter how harmless or risky a transaction can be, we would always opt for layers of protections in order to secure our interest. As technology progresse…

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An “Escape” from being a Bankrupt

An “Escape” from being a Bankrupt

Are you currently having a bankruptcy proceeding initiated against you? Here is a way for you to “escape” from being declared a bankrupt. On 6 October 2017, the new Bankruptcy (Ame…

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Publication of Materials against the Precepts of Islam: Publishers and Bookstores Beware!

Publication of Materials against the Precepts of Islam: Publishers and Bookstores Beware!

The State Legislative Assembly (“SLA”) has the power to enact a law which was restrictive or has the potential to restrict freedom of speech and expression, in order to control rel…

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Top reasons why you should register your trademark in Malaysia

Top reasons why you should register your trademark in Malaysia

A client of mine recently asked me a question – how can I prevent my sales agent from using my brand name/ mark upon the expiry of the term of agreement with me? He has a legitimat…

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