JD Supra (Blogs)

• JD Supra Malaysia

Four months on, the dust from Malaysia’s 15th general elections has settled but many questions have yet to be answered. In the first of our SEAscape series, we take a look at the evolving socio-political landscape in Malaysia, where Anwar Ibrahim is finally Prime Minister after a 25-year-long wait. Please see full Publication below for more information.

• JD Supra Malaysia

Methods of conducting business in Malaysia - In Malaysia, business may be conducted in the following manner: - (a) by an individual operating as a sole proprietor; or (b) by two or more (but not more than 20) persons in partnership; or (c) by a limited liability partnership (LLP); or (d) by a locally incorporated company or by a foreign company registered under the Companies Act, 2016 (“

• JD Supra Malaysia

SEA View, Article XV: May 2021 - Section 17A of the Malaysian Anti-Corruption Commission Act raises the possibility of corporate liability for corruption in addition to personal liability for board and senior management members involved. The provision, which came into force mid-last year (2020), was invoked for the first time in March 2021. This article sets out implications for international...

• JD Supra Malaysia

Methods of conducting business in Malaysia - In Malaysia, business may be conducted in the following manner: - (a) by an individual operating as a sole proprietor; or (b) by two or more (but not more than 20) persons in partnership; or (c) by a limited liability partnership (LLP); or (d) by a locally incorporated company or by a foreign company registered under the Companies Act, 2016 (

• JD Supra Malaysia

Prior to permitting access to a potential Buyer to perform an investigative due diligence review, a Seller who desires to optimise the outcome of the sale would be wise to perform a pre-emptory self-due diligence first. There are a few key reasons how this could be pivotal leading to either an outcome of a sale of enhanced premium to the Seller – or in the alternative, the Buyer abandoning the...

• JD Supra Malaysia

World Law Group asked its member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work.

• JD Supra Malaysia

In these unprecedented times, as we all band together to #kitajagakita, it has been heartening to see the willingness of Malaysians to come together to feed the underserved, support local enterprises and generously donate to charities.

• JD Supra Malaysia

Report on Supply Chain Compliance 3, no. 21 (October 29, 2020) - Goldman Sachs has agreed to pay a penalty of USD 2.2 billion for its role in the robbing of 1Malaysia Development Berhad (1MDB), a Malaysian development fund meant to improve infrastructure and living standards for millions of Malaysians. The bank’s Asian offices, run by the chief executive David Solomon, helped sell billions in

• JD Supra Malaysia

The COVID-19 pandemic and the resultant lockdown, restricted movement orders, social distancing rules and the switch to working from home adopted by many organisations in Malaysia as well as the rest of the world has caused many to rethink the way we do business. While there are some who yearn for the “old normal” or talk about the “new normal” – whatever those terms really mean – the reality is...

• JD Supra Malaysia

Additional Categories under the Self-Employment Social Security Fund - New Order or Decree - The First Schedule to the Self-Employment Social Security Act 2017 will be amended effective January 1, 2020, to include another 18 categories of self-employed persons who are required to make mandatory contributions to the Self-Employment Social Security Fund.

• JD Supra Malaysia

Malaysia’s Trademarks Act 2019 (New Act) recently came into force on 27 December 2019. This is a significant milestone as the New Act introduces several substantial and long-awaited changes to the trade mark legislation in Malaysia and aligns Malaysia’s trademark system with current international standards.

• JD Supra Malaysia

CEP Magazine (November 2019) - Malaysian Attorney General Tommy Thomas filed criminal charges against an additional 17 employees of Goldman Sachs in connection with the 1Malaysia Development Berhad (1MDB) scandal.

• JD Supra Malaysia

The Workers’ Minimum Standard of Housing and Amenities (Amendment) Act 2019 aims to expand the minimum standard of housing and provision of basic facilities for workers in all sectors. The Act received Royal Assent on September 18, 2019, and was published on the official gazette on September 23, 2019.

• JD Supra Malaysia

On July 1, 2019, in Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd & Ors (Federal Court Civil Appeal No. 02(i)-83-09/2018(W)) (“Jaya Sudhir Jayaram”), the Federal Court of Malaysia granted an application by a non-party to an arbitration agreement seeking to restrain the parties to the agreement from taking part in an ongoing (likely Malaysian-seated) arbitration, in order to allow the non-part

• JD Supra Malaysia

On 22 July 2019, the Securities Commission Malaysia (the “Securities Commission”) announced that it would implement an action plan to strengthen standards of corporate governance to prevent corruption, misconduct and fraud in Malaysia. The Securities Commission’s recommendations – which were approved by the Cabinet Special Committee on Anti-Corruption – include a requirement that companies listed

• JD Supra Malaysia

Fees for Employment Pass, Visit Pass for Temporary Employment, and Work Pass - New Order or Decree - The Fees (Employment Pass, Visit Pass (Temporary Employment) and Work Pass) (Amendment) Order 2019 (Order 2019) was published on April 30, 2019, and came into effect on April 30, 2019.

• JD Supra Malaysia

New applications for Category 3 expatriate employment passes for jobs paying below RM5,000 will now be accepted only on a case-by-case basis with priority given to technical jobs, said the Immigration Department.

• JD Supra Malaysia

Methods of conducting business in Malaysia - In Malaysia, business may be conducted in the following manner: - (a) by an individual operating as a sole proprietor; or (b) by two or more (but not more than 20) persons in partnership; or (c) by a limited liability partnership (LLP); or (d) by a locally incorporated company or by a foreign company registered under the Companies Act, 20

• JD Supra Malaysia

The rewards for infrastructure investors in APAC can be lucrative, but the region is not without its risks—particularly political ones - Results from our survey are remarkably consistent on the challenges and risks faced by infrastructure projects across the region. Nearly two-thirds (59 per cent) of respondents consider political risk to be the biggest threat to project success. This may stem

• JD Supra Malaysia

Forbes has listed its top outsourcing trends in the Asia-Pacific (APAC) region for 2019. The APAC region has long been the dominant region for outsourcing, although it is facing competition from emerging outsourcing markets in other regions. Trends include the growing presence of outsourcing in Malaysia, shifting resource models, and personnel shortages.

• JD Supra Malaysia

Malaysia will soon be joining the growing number of global jurisdictions that are adding specific data breach notification requirements to companies operating in Malaysia, re-emphasizing the need for multinational companies to have a global regulatory strategy when it comes to privacy and cybersecurity. Indeed, as Malaysia’s Public Consultation Paper No. 1/2018 states: personal data breach “has...

• JD Supra Malaysia

1 . What role will the government of Malaysia play in approving and regulating foreign direct investment? Regulation of foreign investment in Malaysia is achieved through legislation as well as governmental policies. Specific licenses and permits are required for the conduct of certain strategic activities and businesses. The Malaysian government offers many incentives to encourage...

• JD Supra Malaysia

The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") has officially changed its name to the Asian International Arbitration Centre ("AIAC"). The name change was formally announced on February 7, 2018, during a signing ceremony in Kuala Lumpur, Malaysia. The ceremony followed an update to the Malaysian Arbitration Act in January 2018 reflecting the change of the Centre's name.

• JD Supra Malaysia

On February 7, 2018, a signing ceremony took place between Malaysian Minister Azalina Othman Said and the Secretary-General of the Asian-African Legal Consultative Organization (AALCO) Kennedy Gastorn for an agreement to officiate the name change of the Kuala Lumpur Regional Centre for Arbitration (KLRCA) to the Asian International Arbitration Centre (AIAC). The signing ceremony comes...

• JD Supra Malaysia

Malaysia's Personal Data Protection Commissioner (the "Commissioner") has issued a Public Consultation Paper (PCP) No. 1/2017 entitled Personal Data Protection (Transfer Of Personal Data To Places Outside Malaysia) Order 2017 (the "Consultation Paper").

• JD Supra Malaysia

Earlier this year, both the lower and upper houses of Malaysia’s parliament, passed the Companies Bill 2015 (“the Bill”) which will harmonise Malaysia's insolvency laws and bring them more in line with modern international standards. Once the Bill comes into effect (it is currently awaiting Royal Assent), it will replace Malaysia’s existing Companies Act 1965.

• JD Supra Malaysia

WHAT ROLE WILL THE GOVERNMENT OF MALAYSIA PLAY IN APPROVING AND REGULATING FOREIGN DIRECT INVESTMENT? Regulation of foreign investment in Malaysia is done both through legislation as well as governmental policies. Specific licenses and permits are required for the conduct of certain strategic activities and businesses, such as manufacturing activities, petroleum-related activities and...

• JD Supra Malaysia

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the shipping industry and national economies. To the extent that these countries have competition laws that could restrict such agreements, many have found after careful study...

• JD Supra Malaysia

1. What are the driving factors for increasing renewable energy production in Malaysia? At the current rate of production, Malaysia’s oil and gas reserves are expected to last until 2025 and 2042 respectively, if efforts to find new domestic oil and gas sources through exploration are not successful in discovering substantial new oil and gas reserves. An increasingly greater...

• JD Supra Malaysia

With the changing global economic landscape, most of the rapid-growth markets are found in Asia. Malaysia sits at the center with its robust trade and domestic demand. Malaysia offers investors a cost-competitive economy which is increasingly innovation-driven. It also provides strong investor protection, offers good talent availability, a high quality of living, and an affordable and business-fri