The MACC Amendment Bill 2018 has been presented in Parliament on 26 March 2018. One of the key changes is the introduction of corporate liability for corruption offences. If the Bill is passed, these provisions will come into force once the amendment Act is gazetted. [edit: Since writing this article, it has also been reproduced in theSun newspaper on 30 March 2018. The MACC Amendment Act has now been gazetted on 4 May 2018 and where I share more of my thoughts.]
The main thrust of this Bill is to introduce a new far-reaching corporate liability provision into the MACC Act. There are key changes and steps that companies, and its directors and officers have to be aware of.
With the Companies Act 2016 in force for more than a year, I thought it is useful to set out a compendium of cases and transactions that have applied the Companies Act 2016 provisions.
As a summary, in terms of the reported cases, many of the cases relate to winding up based on the inability of the company to pay debts. This is under section 466 of the Companies Act 2016 (the old section 218 of the Companies Act 1965). Other cases also relate to other areas of winding up or shareholder disputes. I also highlight below examples of capital reduction and schemes of arrangement. Continue reading
On 20 April 2018, I will be speaking at the Legal Logic Asia talk on The Companies Act 2016: Post Implementation Challenges, New Corporate Rescue Mechanism Rules 2018 & Malaysian Code of Corporate Governance.
My co-speaker, Kenneth Foo, and I designed the course contents and the programme should be very enriching for the audience. We will using practical examples and real-life case studies to flesh out the issues we have come across. You can access the registration form here and with an early bird rate of RM800 if you sign up by 13 April 2018.
On 12 October 2015, following up on an idea that came up during a chat between lawyers (and soon-to-be TML co-founders) Lee Shih and Marcus van Geyzel over a midweek duck noodle lunch in Midvalley a few days earlier, the first post was published on TheMalaysianLawyer.com.
What started off as a fun side project with the intention of featuring practical, high-quality, and relevant legal content, has taken on a life of its own. TML has opened many doors for us as its co-founders, and earlier this week we hit another milestone — 1,000,000 views.
In this Case Update series, I share summaries of recent Malaysian court decisions to explore the current approach taken by the courts when deciding on employment-related issues. You can find all the posts in the series by clicking here, including case updates on other legal areas by TheMalaysianLawyer co-founder Lee Shih.
The hiring process can often be tricky for employers. In the Malaysian job market, it is common for employers to receive hundreds of applications for certain vacancies. Employers then have to comb through these applications, shortlist candidates to be interviewed, and make a hiring decision based on fairly limited information.
To reduce the time spent on this process, many employers do not conduct thorough background checks on job applicants. The experience and employment history stated in the applications are often assumed to be accurate, with some allowance given for an expected reasonable degree of exaggeration.
What is the recourse for an employer who, soon after hiring an individual, realises that the employee had lied in his job application? Does this false information constitute just cause for an employment termination, or will the dismissal enable the employee to bring a successful unfair dismissal claim?
The Industrial Court considered these issues in two recent awards — Khoo Kim Loang v. Shock Media Studio Sdn Bhd (Award No. 51 of 2018) on 4 January 2018, and Khoo Kim Loang v. Kim Siah Electric Co Sdn Bhd (Award No. 137 of 2018) on 12 January 2018 — interestingly both involving the same Employee.