• JD Supra Malaysia

Publisher:
JD Supra
Publication date:
2019-04-29

Latest documents

  • Malaysian authorities widen investigation into Goldman Sachs

    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.

  • Littler Global Guide - Malaysia - Q3 2019

    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.

  • Malaysian Federal Court and English Court of Appeal Issue Rare Anti-Arbitration Injunctions

    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-party to attempt to enforce its proprietary rights through litigation. Shortly thereafter, on July 12, in Sabbagh v Khoury & Ors [2019] EWCA 1219 (“Sabbagh v Khoury”), the English Court of Appeal granted an injunction restraining a Lebanese-seated arbitration. Because of strong pro-arbitration public policy in most jurisdictions, such anti-arbitration injunctions are exceedingly rare, and these Malaysian and English judgments may have potential ramifications for how such injunctions are used in the future.

  • Malaysia Announces Intention to Require Listed Companies to Implement Anti-Corruption Measures

    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 in Malaysia put in place anti-corruption measures. These recommendations build on and dovetail with new corporate liability provisions (and the associated “adequate procedures” defence) of the amended Malaysian Anti-Corruption Commission Act (the “MACC Act”), the amendments to which will come into effect in June 2020. Companies listed and/or doing business in Malaysia should play close attention to these developments.

  • Littler Global Guide - Malaysia - Q2 2019

    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.

  • Littler Global Guide - Malaysia - Q1 2019

    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.

  • Establishing A Business Entity In 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 (“Act”). A company is a legal entity separate from its members or shareholders. The shareholders cannot be held liable for the debts of a company unless they personally guarantee the debts or loans of the company. According to the Act, a company must be registered with the Companies Commission of Malaysia (“CCM”) to engage in any business activity....
 
 Please see full Chapter below for more information.

  • Cutting through the noise: Infrastructure in Asia-Pacific 2019 - Risky business

    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 from governments inexperienced with large-scale projects or dealing with foreign private investors; unstable regimes; or the slow pace of project implementation, which is a common criticism in APAC.

  • Asia-Pacific Outsourcing Trends to Watch in 2019

    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.

  • Malaysia seeks to expand personal data protection

    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 become a global threat,” and thus multinationals need to have plans in place to accommodate the growing number of global regulations.

Featured documents

  • Littler Global Guide - Malaysia - Q1 2019

    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....

  • Your Global Workforce in Malaysia

    Malaysia is both exotic and magical, and we want to ensure that the management of your global workforce in Malaysia is in compliance with all employment and labor laws. The key statutory authorities governing employment and labor law in Malaysia include Employment Act of 1955 (“Employment Act”) in ...

  • Littler Global Guide - Malaysia - Q2 2019

    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...

  • Malaysian Personal Data Protection Act Comes Into Force

    With the Malaysian Personal Data Protection Act 2013 (“PDPA”) having come into force on 15 November 2013, Jillian Chia, Senior Associate at Skrine, provides an overview of the salient provisions in the Regulations and Orders. She notes that that there is a grace period for compliance with the PDPA. ...

  • Malaysia Announces Intention to Require Listed Companies to Implement Anti-Corruption Measures

    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...

  • Successful Strategies For Doing Business In Asia: 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...

  • Malaysian Federal Court and English Court of Appeal Issue Rare Anti-Arbitration Injunctions

    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...

  • On The Horizon - Renewable Energy in Asia: 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...

  • Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

    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...

  • Successful Strategies for Doing Business in Asia: Malaysia (Updated)

    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...