The Malaysian Lawyer is a collaborative blog by two Malaysian lawyers, Lee Shih and Marcus van Geyzel. We set out updates on certain areas of Malaysian law.
This is a personal blog, independent of and not affiliated with our respective law firms.
LEE SHIH is the managing partner of the boutique litigation law firm, Lim Chee Wee Partnership (LCWP). His main areas of practice are in corporate litigation, restructuring and insolvency, and arbitration matters. He began his legal career at one of Malaysia’s leading law firms before co-founding LCWP in 2020.
He co-authored ‘Companies Act 2016: The New Dynamics of Company Law in Malaysia‘, authored the chapter on Companies and Securities for Bullen & Leake & Jacob’s Malaysian Precedent of Pleadings, and wrote the chapter on Cross-Border Insolvency in the Law and Practice of Corporate Insolvency in Malaysia.
Connect with him on LinkedIn
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MARCUS is the co-founder of boutique corporate law firm Peter Ling & van Geyzel (PLVG). PLVG is an award-winning law firm which is recommended in The Legal 500 Asia Pacific 2016, 2017, 2018, 2019, 2020, and 2021 for (1) banking and finance; (2) capital markets; (3) corporate and M&A; and (4) labour and employment.
Marcus has written many articles for various online and print media, including The Edge, The Star, and The Malaysian Insider. His book “Law for Startups: What You Need to Know When Starting a Business” was published in December 2016 by MPH Group Publishing.
Find out more and connect with him on LinkedIn, and Twitter.
Dear Mr.Lee, I have read your article and wish to share the following. I have lodged a complaint at BNM against a local bank for wrongly crediting checks (my own company checks) meant for Association A into Association B. I have obtained copies of check scan images that clearly shows the account name written at the back of the check differs with what is written in the front. The bank says that it is protected by the FSA therefore it is unable to disclose any further information as to why the bank wrongly credited. BNM says the bank complied with BNM policy, however BNM is not willing to give it in writing. Please advise, how I can go about with BNM or the local bank. Thanks in advance. Rgds Chandran V. – 019-2233768
Dear Mr Lee,
I am an employee of an education institution and discovered that all physical mail that was addressed to me has been opened and viewed by the employers/management, before it is passed on to me.
Is this common or is there any breach of rights, as the mails were addressed specifically to me, though it is work-related.
Help?
To all greetings, i wish to enquire about standard charges charged for changing name of title from PKNS to myself, i have settled all loan payements and i woul be very much obliged if you kindly advise me on this matter.Tqvm
Very Good job on your blog posts on behalf of Roomz.asia team ( https://roomz.asia/ ). I got in touch with you with an interesting proposition, I hope you will be opened for a colaboration.
Best Regards!
Dear Mr. Lee
I would like to get a clear picture regarding whether a bankrupct person can borrow money from an individual by signing a Friendly Loan Without Interest between the bankrupct person and the lender.
For your information the loan iis a friendly loan without charging any interest on the loan and to be paid within certain numbers of months/years.
its regards bumi bersatu resources sdn bhd and sazean engineering & construction sdn bhd.
kindly please call (019-352 7633) or email ya.
Dear,
I would like to know, does Company is allowed by our law to imposed Monetary Penalty against another Company working under them. Related to progress, HSE, Procurement and qualities. Thank you
Hello,
I hope you are well and keeping safe.
While searching for law and legal blogs, I came across yours. What a great resource!
Would you be interested in an article on ” 7 Reasons You Should Enroll In a Legal Assistant Degree ” to add more value to your content?
I have it in Word, and would be happy to send it over for you to review.
Let me know your thoughts.
Cheers,
Roy Lee
Hi,
Getting the information from http://themalaysianlawyer.com/, I would like to seek advise on the following situation:-
Staff K is asked to get into meeting room for force resignation by voluntarily (both Country Head & Country HR Director present during the discussion)
In the conversation, the company mentioned following as below:
– This is upper management decision from HQ outside of Malaysia (based in India)
– Reason: Company change business direction and is moving towards profitability.
– Employee K was asked to get into meeting room (with Country Head & HR Director present) and was informed with this decision. Request Employee K to submit resignation within 24 hours. Total 3 members from the same team are affected from this exercise, the rest of the team members (6 persons) are not affected at the moment.
– Employee K was instructed/warned not to reveal to anyone in the company and treat this as personal resignation by serving notice as per contract.
– Management in Malaysia told Employee K that is not related to performance issue. 100% from Top Management on new business direction. They wish to part way in good way to reduce cost.
– However, Employee K was asked to rejoin the company for 2nd stance (early Jan 2022) – convinced by both Talent Acquisition Head & Country Head as suitable candidate for the role and previous dismiss of Employee K (back in 2020) was not due to performance issue either, this person was retrenched before in early 2020 (Jan 2020) for the same reason.
– Employee K wish not to resign, but force by management to resign voluntarily without giving reasonable timeline to consider and other available options.
– The whole situation is not favorable to Employee K.
Seeking for your professional advice to handle this issue. Looking forward to your favorable reply & support here for affected employees. Thank you.
Is “Letter Of Appointment” to employees mandatory in Malaysia ? Can Labour Department takes any action if without it ?
Thanks
Hi the authors behind The Malaysian Lawyer,
I came across your article “Guide to Malaysian Employment Law” and I realised I have received an unfair termination based on poor performance.
Can I get some advices, like how should I negotiate to get a mutually-agreed separations instead? Or should I lodge for an unfair dismissal claims?
Thank you in advance for reading this.
Hi,
May I know if an employer can terminate my employment contract because of mental health injury caused by long term effect of working night shift? I think it is unlawful to do so.
Dear Mr Lee.
our company intend to wind up
no liability no asset, only Cash in hand RM60K.
appoint liquidator is very costly, any way for us to wind up with a minimum charges ?