Legal Updates

Latent defects, which are defects that cannot be discovered by reasonable inspection or testing (see: Sigma Elevator v. Isyoda [2015] 1 LNS 1363), often only surface years after completion or occupation of a building. Unsurprisingly, a recurring question that surrounds latent defects is that of limitation. Prior to 1.9.2019, the limitation period for bringing an […]

On 8 November 2019, Bank Negara Malaysia (BNM) issued its Framework for Electronic Trading Platforms (“Framework”) which came into effect on 11 November 2019. This Framework effectively supersedes BNM’s Guidelines on Electronic Broking System by Licensed Money Brokers issued on 1 August 2005. The Framework applies to the following market participants in the wholesale financial […]

Section 30 of the Construction Industry Payment & Adjudication Act 2012 (CIPAA) generally enables a successful party in an adjudication to obtain payment from the principal of an unsuccessful party. For instance, if a subcontractor (as the successful party) has obtained an adjudication decision in its favour but the main contractor (as the unsuccessful party) […]

Shook Lin & Bok is pleased to announce the launch of its new Department which is spearheading the Firm’s Regulatory Compliance and Enforcement Practice. As one of the oldest firms in Malaysia, the Firm has a long-standing reputation in serving its corporate clients by advising them in many aspects of compliance and governance matters. 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 […]

​​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 […]