• JD Supra Malaysia

JD Supra
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  • 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.

  • 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.

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