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INSOLVENCY ACT 1967 – A FRESH FINANCIAL START: THE EVOLUTION OF BANKRUPTCY PROVISIONS IN MALAYSIA’S INSOLVENCY ACT

The main intent of the recent amendment to Insolvency Act which came into force on 6.10.2023 is to provide individuals with a chance for a new beginning. Everyone can encounter financial difficulties and these updated provisions aim to ensure that a person facing bankruptcy is not perpetually weighed down by prior financial missteps or unexpected hurdles.

CONTRACT LAW – IMPLIED TERMS

I have a sale contract which does not set out terms which should have been there in the first place. For example, it is a contract to purchase electrical items. There is no term that says the electrical items should be in working condition.

What can I do?

PROPERTY LAW – CO-PROPRIETORSHIP – TERMINATION

This legal updates will set out whether there is a need for co-proprietor to first show there is a request for land to be partitioned before applying to court for termination of co-proprietorship for land to be sold.

CRIMINAL LAW– MALAYSIAN ANTI-CORRUPTION COMMISSION – POWER OF ARREST AND EXTENSION OF REMAND

The recent arrest of company directors and continued remand using Section 117 of the Criminal Procedure Code has sparked widespread unrest about the possible misuse of Malaysian Anti-Corruption Commission’s (“MACC”) power.

BILLS OF LADING – FREQUENTLY ASKED QUESTION

Bill of Lading in a nutshell – Frequently Ask Question

CONTRACT LAW – BROKER AND AGENT’S COMMISSION – COMMSSION OR BROKERAGE AGREEMENT

Brokerage contract or commonly known as commission agreement allows referral, agent or broker to earn a commission based on sales amount received by the principal.

Striking Off Company in Malaysia 2023 | Guide

There are two types of dissolution of a Company under Companies Act 2016, namely striking off and winding up. The process for striking off is fairly straightforward and cost effective where a company is highly advisable to go for this alternative if it is able to meet the requirement of striking off. On the other hand, the winding up process is lengthy and carries a relatively higher cost compared to striking off application. The company only goes to this alternative if it cannot meet the requirement to strike off.

CONTRACT LAW – FRIENDLY LOAN AND RESTITUTION/UNJUST ENRICHMENT

A advanced a sum of RM350,000.00 to B as a loan. The monies were banked into B’s wife’s bank account. The friendly loan agreement was signed between A and B. Can A recover back the monies loaned from both B and B’s wife.

Foreign vs. local company company in Malaysia

how foreigners can start a company in Malaysia, and the benefits of each types of business entities permit foreign-ownership.

COMPANY LAW – TO COMPEL COMPANY TO DELIVER DOCUMENT UP TO SHAREHOLDER AND DIRECTOR

What are the consequences if a company refused to give true and accurate information to shareholder and director? Can shareholder and director compel the company to furnish the relevant documents?