JD Supra Malaysia

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

Publisher

Latest documents

  • In Transition: Malaysia after the 15th General Elections

    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.

  • Establishing A Business Entity In Malaysia (Updated)

    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.

  • New and improved? Corporate liability for corruption in 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 businesses operating in Malaysia. Please see full Publication below for more information.

  • Establishing A Business Entity In Malaysia (Updated)

    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.

  • Optimising and maximising exit valuations through Seller's due diligence

    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 sale. In this article, we analyse the importance of carrying a Seller’s due diligence.

  • Malaysia: Q&A - Employer COVID-19 Vaccination Policies

    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.

  • Charity in times of COVID-19: A guide to more impactful giving

    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.

  • Goldman Sachs settles investigation into 1MDB scandal with USD 2.8 billion payment

    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 bonds for the fund. The bank also assisted in money laundering and bribed officials, including the former first lady of Malaysia. Some of Goldman Sachs employees also profited from the illicit deals and have been since charged in U.S. courts.

  • Message from the Managing Partner - Embracing the “New Dynamic”

    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 that the way we conduct our business has changed dramatically. Literally almost overnight. In other words, the pandemic has forced not a mere evolution, but a revolution, in the way the business world operates.

  • Littler Global Guide - Malaysia - Q4 2019

    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.

Featured documents

  • 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 exploration are not...

  • 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,...

  • 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...

  • 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....

  • 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 certain strategic...

  • Highlights of the amendments to Malaysia's Trademarks Act

    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...

  • Malaysia’s New Insolvency Regime

    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...

  • Littler Global Guide - Malaysia - Q4 2019

    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...

  • Malaysia publishes draft "White List" for personal data exports

    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"). ...

  • Message from the Managing Partner - Embracing the “New Dynamic”

    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...

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