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Malaysian Bar Seminar: Claims Involving Companies and Misdirected Funds or Opportunities

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On Thursday 28 March, I will be speaking at the Malaysian Bar seminar titled ‘Claims Involving Companies and Misdirected Funds or Opportunities‘. This seminar is open to members of the Bar as well as members of the public. You can click on the registration form over here.

The seminar focuses on issues relating to claims involving companies and misdirected funds or opportunities. The speakers will combine their academic and practical perspectives and how to frame the appropriate causes of action in both common law and equity. Continue reading →

Malaysia’s Corporate Liability Effective 1 June 2020 – Adequate Procedures Guidelines Issued

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In a speech delivered on 10 December 2018, the Prime Minister of Malaysia announced that the corporate liability amendments to the MACC Act will be brought into force on 1 June 2020.

Further, I had earlier written about the important defence of adequate procedures. It is a defence for an organisation to show it had adequate procedures in place to prevent such associated persons from carrying out the corrupt conduct.

The Prime Minister’s Department has also now issued the Guidelines on Adequate Procedures pursuant to section 17A(5) of the MACC Act. The guidelines (in the Malay and English version) can also be download from the Governance, Integrity and Anti-Corruption Centre (GIACC) website. Continue reading →

Case Update: Federal Court Confirms Jurisdiction to Set Aside a Winding Up Order

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The Federal Court in grounds of judgment dated 22 November 2018 in the SKS Foam decision confirmed the Court’s jurisdiction to set aside a perfected winding up Order in certain limited instances.

The Court is able to exercise its jurisdiction under the Federal Court case of Badiaddin to set aside its own Order where the defect is of such a serious nature that there is a need to set aside the Order in the interests of justice. Continue reading →

Revised Version of the Companies Act 2016

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The Companies Commission of Malaysia (SSM) has made an important announcement that the Companies Act 2016 [Act 777] has been reprinted as at 1 November 2018 with certain minor revisions. These typographical revisions were made under the powers of the Revision of Laws Act 1968.

The reprinted Companies Act 2016 (as at 1 November 2018) can be found on the SSM website here. Continue reading →

Federal Court Rules on Forfeiture of Deposits and Liquidated Damages Clauses

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Malaysia’s apex court, the Federal Court, has decided on significant points of law relating to the right to forfeit deposits and the application of liquidated damages clauses. This is seen in the grounds of judgment of Cubic Electronics Sdn Bhd (in liquidation) v Mars Telecommunications Sdn Bhd.

These issues relate to the interpretation of section 75 of the Contracts Act 1950, whether there is a need to prove actual loss, and whether there has been an alignment of Malaysia law with the UK Supreme Court position in Cavendish.

This Federal Court decision significantly clarifies the previous position under Selva Kumar. Continue reading →

Malaysia’s Prohibition of Smoking in All Eating Places

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The Control of Tobacco Product (Amendment) Regulations 2018 [P.U.(A) 329/2018] (the 2018 Regulations) will come into force on 1 January 2019. The 2018 Regulations will bring into force a wide prohibition of smoking in an “eating place”.

Wide Definition of Eating Place: No Smoking Three Metres from Any Such Area

The term “eating place” is widely defined. It means any premises whether inside or outside building, where food is prepared, served or sold and includes (which means the following are not the only situations that apply): Continue reading →