UK’s Corporate Insolvency and Governance Bill: Possible Reforms for Malaysia’s Restructuring Laws

In response to COVID-19, the UK has fast-tracked its Corporate Insolvency and Governance Bill (the PDF copy of the Bill is here and with helpful Explanatory Notes). The overarching objective of this Bill is to provide businesses with the breathing space they need to continue trading during this difficult time and to avoid insolvency. I set out seven of the key measures that UK is introducing and the possible reforms that Malaysia can adopt.

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Malaysia’s Corporate Liability Provision – Confirmed in Force on 1 June 2020

Malaysia’s corporate liability provision in section 17A of the Malaysian Anti-Corruption Commission Act 2009 is confirmed to be in force on 1 June 2020. It is now critical for commercial organisations to have adequate procedures in place.

The corporate liability provision is modeled after the UK Bribery Act’s corporate offence of failure to prevent bribery. Continue reading

8 Tips: Strategic Approach to Civil Litigation and Writing Impactful Legal Submissions

Guest writer Chua Yi Xin shares 8 key takeaways from the recent webinar by the former Chief Justice of Malaysia, Tan Sri Datuk Seri Panglima Richard Malanjum.

Amidst the chaos of a global pandemic, having access to a mountain of free webinars from experts online is a welcome change. It seems that every other day my inbox is swarmed with links to virtual talks as lawyers move their practice online. However, one stood out among the crowd.

Last Saturday, I attended the Strategic Approach on Civil Litigation and Writing Impactful Submissions Webinar, hosted by the Sabah Law Society with guest speaker Tan Sri Datuk Seri Panglima Richard Malanjum. The 2 ½ hours webinar was well worth the time as he presented in an honest and direct manner, giving us a rare look of the expectations from the Bench.

Here are 8 key takeaways for effective civil litigation and writing legal submissions.
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Submissions open — Get published on TML

We have noticed a recent increased interest among Malaysian lawyers to write and publish articles. This is based on the discussions and feedback we have been received in the past couple of months, as well as the comments and questions that came up when Lee Shih was a panellist on the recent webinar organised by the KL Bar Young Lawyers’ Committee. Since the MCO started, there has also been an obvious increase in Malaysian lawyers being active on LinkedIn, and publishing longer-form updates or write-ups there.

One of the comments we have been hearing is that many lawyers, particularly young lawyers, still have reservations about publishing their writing. Commonly (and understandably), they feel that they are not experienced enough and need time to build confidence. Another barrier seems to be that they don’t know how or where to publish what they’ve written — whether they need to create their own blog or website, submit to existing online or print publications, or publish on mediums such as LinkedIn.

In view of this, we have decided to invite submissions for articles to be published on The Malaysian Lawyer (TML). This website does not usually accept submissions, so this is a rare opportunity. We hope that this will particularly encourage first-time writers, or those who have ideas for articles but have been dithering on whether/when/how/where to get published.

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MAICSA Talk: Rescue Options for Companies in Distress

I have been invited to speak on a Malaysian Institute of Chartered Secretaries and Administrators (MAICSA) webinar on Rescue Options for Companies in Distress. It is on Wednesday 20 May 2020 from 10am to 12pm. My co-speaker is Ms Khoo Poh Poh from EY. MAICSA members pay RM60 while non-members pay RM90. The registration form is here.

Description of the talk: With the rise of COVID-19 and the aftermath of the Movement Control Order, companies are facing uncertainties in handling the challenges that lies ahead. The International Monetary Fund warned that the world faces its worst recession since the Great Depression of the 1930s. It is therefore critical to understand the rescue options available and the risks for business owners when taking on increasing debt when continuing to operate.

Learn the practical considerations when assessing rescue options, cashflow considerations and working out a restructuring proposal. This webinar will also cover the recent temporary changes to the winding up laws.

Call to the Bar in a Time of Social Distancing

I set out my thoughts on how to modify existing hearings for a pupil to be Called to the Bar in Malaysia. This is during a time of movement control, social distancing and the Courts being cautious in allowing the number of people into the court rooms. I present three options. The first being a dramatically scaled down Call to the Bar ceremony. The second being a remote Skype hearing . The third, and least preferable, is to grant the Order for admission in the absence of everyone.

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