JD Supra Malaysia
- JD Supra
- Publication date:
- JD Supra (30)
- Dentons (4)
- MERITAS - Law Firms Worldwide (4)
- Littler (4)
- Morrison & Foerster LLP (3)
- Hogan Lovells (2)
- Society of Corporate Compliance and Ethics (SCCE) (2)
- International Lawyers Network (2)
- White & Case LLP (1)
- K&L Gates LLP (1)
- Cozen O'Connor (1)
- Latham & Watkins LLP (1)
- Jones Day (1)
- World Law Group (1)
- Fisher Phillips (1)
- Eversheds Sutherland (US) LLP (1)
- Morgan Lewis (1)
- 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.
- 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 standards.
- 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.
- 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...
- 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....