Securities Commission significantly revises take-over and merger rules

Marcus van GeyzelLeave a comment

Takeover Code FB

Malaysia’s Securities Commission (SC) has announced significant changes to the take-overs and mergers regulatory framework.

In a statement, the SC explained that the new Rules on Take-overs, Mergers and Compulsory Acquisitions 2016 (Rules) “stipulates operational and conduct requirements in relation to take-overs”. The SC also clarified that the Rules, which came into force immediately, were issued as an SC guideline under Section 377 of the Capital Markets and Services Act 2007 (CMSA).

Together with the Rules, the SC also introduced a vastly revised Malaysian Code on Take-overs and Mergers 2016 (Code).

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10 Must-Read Appellate Advocacy Tips: The Malaysian Perspective

Lee ShihLeave a comment

I have set out below 10 appellate advocacy tips. They focus on the skills of arguing before the Court of Appeal and the Federal Court.

Some of these lessons have been passed down from senior counsel I have worked with. Some are based from my own observations or tips gleamed from the judiciary at various conferences. I cannot take credit for these tips but I do hope that they came in useful. Any errors are my own.

Ultimately, there is no substitute for being on your feet, making your submissions, learning from each experience and developing your own style.

(Photo by: Shane Mahood/USA Network)
(Photo by: Shane Mahood/USA Network)

Read about knowing the battlefield, winning the battle through written advocacy, starting strong in your oral advocacy and building your reputation.

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Malaysia’s New Corporate Rescue Laws: Borrower Gain, Lender Pain?

Lee ShihLeave a comment

TMRThis is my article on my column Raising the Bar published on 4 August 2016 in The Malaysian Reserve (in association with the International New York Times).

The Companies Bill 2015 will introduce two corporate rescue mechanisms: corporate voluntary arrangement and judicial management. These mechanisms will allow financially distressed companies to restructure its debts and to continue with its business.

Under present laws, there are limited options to allow the rehabilitation of companies. Once a company has entered financial distress, the most common event is liquidation.

rescue helicopter

I explain more about this upcoming era of corporate rescue. In some cases, it may be a real lifeline to ailing companies. But I hear that borrower companies may not gain much benefit and lenders may face some pain under these new laws.

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AskTML: Our go-to mobile apps

Lee ShihLeave a comment

This is the second post in the AskTML series. Do read the first post on Productivity hacks for working professionals. Thanks to all of you who have submitted questions; we have quite a few in the queue to be answered now.

In this post, we answer the question — “What are the go-to apps on your phone? Share a screenshot of your homescreen.”

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A serious threat to the independence of the Malaysian Bar

Marcus van GeyzelLeave a comment

Serious threat to independence of Malaysian Bar

On 27 May 2016, the President of the Malaysian Bar issued a Circular to members of the Malaysian Bar (“Proposal to Amend the Legal Profession Act 1976 is a Severe Threat to the Independence of the Malaysian Bar“). The Circular informed members that the Bar Council had been notified by the Attorney General’s Chambers that the Government intends to pursue drastic amendments to the Legal Profession Act 1976 (“LPA”), and that those amendments “pose a serious threat to the independence of the Malaysian Bar, and are an unwarranted interference into the self-regulation and internal management of the Malaysian Bar”.

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AskTML: Productivity hacks for working professionals

Lee Shih5 Comments

AskTML - productivity tips

Since we launched The Malaysian Lawyer in October 2015, we’ve received a steady stream of requests to feature or write about particular topics.

We’ve decided to start a series called AskTML, and invite readers to submit questions on anything related to legal practice. You can submit your questions via any of the following methods:

  • Leaving a comment in the comments section of any AskTML post.
  • Tweeting us at @imleesh or @vangeyzel with the hashtag #AskTML.
  • Sending a LinkedIn message to Lee Shih or Marcus.

We look forward to receiving your questions!

To kick off the series, this post answers a question which we’ve been asked many times — “What are some productivity tips or hacks that you use in your day-to-day legal practice?”

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