Legal Update

On 26.8.2019, the Federal Court heard, and allowed, the appeal of Affin Bank Berhad regarding when a bankruptcy order may be annulled. The issue of the ability of a debtor to pay his debts was considered as it was contended by the debtor that his ability to pay his debts had arisen subsequent to the […]

On 1 August 2019, the Federal Court in Martego Sdn Bhd v Arkitek Meor & Chew Sdn Bhd, (Civil Appeal Nos. 02(f)-2-01/2018(W) and 02(f)-3-01/2018(W)) has confirmed inter alia that the Construction Industry Payment & Adjudication Act 2012 (“CIPAA”) applies to interim and final payment disputes, thereby affirming the majority decision of the Court of Appeal […]

On 10.4.2019, the historic 9-member panel of Judges which was convened for the first time in such a large number to hear a constitutional reference of issues, delivered its judgment on whether legislative provisions which allowed the rulings of the Shariah Advisory Council (“the SAC”) are unconstitutional. The Judges included the Chief Justice of Malaysia, […]

​​We are delighted to share this triumph with our clients, who have entrusted us to chart the course and solve the complications. We were awarded the ALB Litigation Law Firm of the Year 2019 at the prestigious Asian Legal Business Malaysia Law Awards on 28.3.2019! We thank you for your trust and support. We will […]

​​Section 241 of the Companies Act 2016 (“CA 2016”) has come into force on 15 March 2019.   With the coming into force of this section, any qualified person who wishes to act as a company secretary is now required to register with the Registrar of Companies (“Registrar”) irrespective of his or her professional background. […]

Our firm recently hosted a 17-member delegation from the Zhuhai Lawyers Association. The delegation was led by the President of the Zhuhai Lawyers Association, Mr Tian Xue Dong and included committee members of the Association, all of whom are managing partners or senior partners of their respective firms. Both our guests and our partners engaged […]

Securities Commission Public Consultation Papers: (A) Proposed Regulatory Framework for the Issuance of Digital Assets through Initial Coin Offerings (ICOs) and (B) Property Crowdfunding The Securities Commission (“SC”) has, on 6 March 2019, published two consultation papers calling for feedback from the public on the framework to be used for  ICOs and property crowdfunding. We set out brief […]

Two recent developments have impacted the Malaysian regulatory landscape in relation to digital assets, digital exchanges and their operators. Digital Currencies and Digital Tokens are Securities Firstly, the Capital Markets and Services (Prescription of Securities) (Digital Currency and Digital Token) Order 2019, which came into force on 15 January 2019, provides that digital currencies and […]

A recent Court of Appeal decision sent waves of consternation amongst financial institutions, when the Court decided that a bank was time-barred from pursuing any further applications to fix a fresh auction date, on the basis that limitation had set in more than 12 years AFTER the date of the Order for Sale. In the […]

Guidelines on Exchange Traded Funds On 26 November 2018, the Securities Commission (“SC”) announced a revision to the Guidelines on Exchange Traded Funds (“Revised Guidelines”) which will pave the way for the issuance of a more diversified range of exchange traded funds (“ETFs”) in Malaysia. The Revised Guidelines, which will come into effect on 2 January […]