[This is a guest post by Kwan Will Sen. He is a litigation partner focusing on commercial litigation and arbitration, and fraud and asset recovery.]
Idrus Harun was a Judge of the apex Court of Malaysia, the Federal Court. He has been appointed as the Attorney General (AG) effective 6 March 2020, replacing Tommy Thomas.
I discuss three significant decisions by Idrus Harun FCJ (as he then was). He wrote the Federal Court’s grounds of judgment for the first two cases (Ireka/ Jack-In Pile and Nautical Supreme), and was part of the minority for the third case (JRI Resources). Continue reading →
The Inland Revenue Board of Malaysia (IRB) actively conducts tax investigations or “raids” on taxpayers. The main purpose of these raids is to deter tax evasion and/or aggressive tax planning with the ultimate aim of enhancing tax compliance. It is not uncommon for the IRB to have obtained a reasonable amount of information – either through its own global intelligence or through informers – prior to conducting a dawn raid on a taxpayer.
Siong Sie and Desmond, set out some tips on what to do if there is such a surprise visit or a dawn raid carried out by IRB. Continue reading →
Nathalie Ker discusses a Court of Appeal case on a sale by tender by receivers and managers. This article was originally published in Skrine’s Legal Insights Issue 03/2018.
It is common practice for the receivers or liquidators selling the assets of a company to conduct a sale by tender, issuing an Information Memorandum and inviting tenders from various parties. In such a situation, when does acceptance take place and when is a contract formed?
The Court applied the principles of formation of contract to the issue as to whether a contract existed between the Appellant, Emas Kiara Sdn Bhd (“Emas Kiara”), and the 1st and 2nd Respondents who were receivers and managers (“R&M”) of the 3rd Respondent, Lembah Beringin Sdn Bhd (“Lembah Beringin”). Continue reading →
This announcement was followed by a swift execution of the necessary revocation and amendment orders to remove, among others, the now redundant zero-rated supply and relief orders since no GST will be levied.
At first glance, the rakyat may be quick to describe this as the abolishment of GST. From a strictly legal perspective, however, there are greater nuances at play. Whilst economists and political analysts may have their respective takes on this measure, here are 5 points about GST at 0% viewed through a legal lens. Continue reading →
This article is contributed by LexisNexis Malaysia. LexisNexis is a leading global provider of business information solutions to professionals in legal, corporate, government, academics, tax, accounting and many more.
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In a report published by the International Labour Organisation in 2017 titled Global Estimates of Modern Slavery: Forced Labour & Forced Marriage, it was estimated that in 2016 there were 5 victims of modern slavery in every 1,000 people. Further, the Global Slavery Index found that, in 2016, approximately two-thirds of the 45.8 million people in modern slavery are in the Asia-Pacific region. Examples of modern slavery include forced labor, child labor, and human trafficking.
In collaboration with the British High Commission, where Her Excellency Victoria Treadell, British High Commissioner to Malaysia gave the opening remarks, the United Nations Global Compact Network Malaysia held an all-day pre-forum workshop on Slave Free Trade last March 15th in Kuala Lumpur, where various speakers from different organisations discussed the vital role businesses play in ending slavery.
The panel of speakers was notable leaders from various NGOs and CSOs, including Dato’ Aishah Bidin from the Human Rights Commission of Malaysia (SUHAKAM), Dr. Nisar Ahmad from Universiti Sains Islam Malaysia, and Ms. Aegile Fernandez from local human rights and non-profit organisation Tenaganita.
LexisNexis’ Hannah Lim — Head of Rule of Law and Emerging Markets, SEA — spoke as a panelist about the ways in which even companies not directly involved in supply chains can still join the fight against modern slavery.
Post-workshop, we canvassed Hannah’s opinion on various issues on modern slavery and what can be done to tackle it.
Valuable insights from guest writer Eddie Law, as he reflects on his 10-year entrepreneurship journey with eLawyer.
10 years ago, I was going through a challenging period in my legal career. One interviewer even bluntly said to me: “You change jobs like people change clothes”. Although I was very committed and worked hard, my career somehow was not going the way I wanted. I was in a state of despair, and kept asking God where I should go, and what I should do. I was upset, and felt lost.
I experienced a period of not having a stable full-time job. In the “extra free time” that I had, I started reading about e-commerce, blogging, and online businesses. I was fascinated with the power of the internet and the endless possibilities it offered. I started my own blog and exploring what opportunties there were online.
One day, the idea came to me to build a website as an online resource for Malaysian lawyers — this was how eLawyer.com.my was born, in November 2007!
To mark the 10-year anniversary of the launch of eLawyer (my co-founder was another tech entrepreneur, Larry Lam), I would like to share 10 things I have learned over this decade-long entrepreneurship journey: