In this article, we highlight certain aspects of the Companies Act 2016 (“CA 2016”) that have implications for Lenders and Borrowers. A) Execution of documents: common seal is optional Section 61 of CA 2016 now provides that a company may, but does not need to have the common seal. […]
One application = trade mark protection in multiple countries. It is only a matter of time before business owners can avail themselves of the harmonized process under the Madrid Protocol. Malaysian business owners who want to expand beyond the country into other markets and to protect their trade mark in the process, would [...]
The Bankruptcy (Amendment) Bill 2016 was passed by the lower house of Parliament in March 2017. The next step will be for it to be passed by the Dewan Negara before it receives Royal Assent. […]
This article is fifth in a series entitled A New Corporate Landscape: Key Changes under the Companies Bill 2015 that our clients should know about. In this article, we outline the major changes relating to the management and restructuring of share capital under the Companies Act 2016 (“new Act”). Key Change 10: No Par [...]
While many of us were overdosing on mandarin oranges and pineapple tarts last week, the Companies Act 2016 (“the new Act”) came quietly into force. Although its debut may have been overshadowed by the CNY celebrations, its far-reaching effects will no doubt become apparent, moving up your priority list long after the mah-jong table [...]
The Companies Commission of Malaysia has announced that it will start enforcing the Companies Act 2016 in stages from 31st January 2017. Hence, in the midst of the coming week's Chinese New Year celebrations, corporate Malaysia will be waking up to a new landscape. Below is a brief checklist to help assess your level [...]
This article is third in a series entitled A New Corporate Landscape: Key Changes under the Companies Bill 2015 that our clients should know about. As alerted in our previous issue of The Legal Link, the Companies Bill 2015 has received Royal Assent and shall come into force next year. We continue our [...]
In this two part series, Liew Siew Pen explains the legal framework and procedures governing compulsory land acquisition Introduction The law of land acquisition is principally concerned with the rules governing the procedures to be followed in acquiring the land by compulsory means and with the awarding of compensation to the dispossessed landowner. The rights [...]
This article is second in a series entitled A New Corporate Landscape: Key Changes under the Companies Bill 2015 that our clients should know about. Since our first article in this A New Corporate Landscape series, the Companies Bill 2015 has received royal assent and has been gazetted as the Companies Act 2016 (from hereon [...]
As alerted in the last issue of The Legal Link, the Securities Commission (SC) had in August 2016 launched the revised Malaysian Code on Takeover and Mergers 2016 (“revised Takeover Code”), together with the accompanying Rules on Takeovers, Mergers and Compulsory Acquisition 2016 (“new Takeover Rules”). The revised Takeover Code sets out 12 general principles [...]