In the evolving digital economy, the phrase “code is law” is taking on real world significance. Smart contracts have emerged as a revolutionary technology that is transforming the way we understand agreements, trust, and legal enforcement in the era of blockchain. What Are Smart Contracts? “Smart contracts” is a term used to describe computer …
Introduction In 2025, Malaysia’s Pharmaceutical Market revenue is expected to reach US$1.74 billion.1 For any company looking to tap into this lucrative market, understanding the local regulatory landscape is the first and most critical step. This landscape is primarily governed by the Control of Drugs and Cosmetics Regulations 1984 (“CDCR 1984”), enforced by the Drug …
Malaysia has long been a hub for global professionals and investors, thanks to its strategic location in Southeast Asia, robust infrastructure, and multicultural society. Expatriates looking to work in Malaysia must navigate a structured legal and regulatory framework that governs the issuance of work permits and passes. This article provides a detailed overview of the …
Build Your Career in Malaysia: Employment Passes & Work Permits Read More »
Why Choose Malaysia Malaysia continues to shine as one of Southeast Asia’s most attractive destinations for investors and global citizens alike. For international investors and multinationals seeking stability, strategic location, business friendly policies, cost efficiency, and of course, great food, Malaysia delivers it all, and the Malaysia My Second Home (“MM2H”) program offers you, the …
What is an IP Policy? An IP Policy is an important tool in a single written document which provides and describes the policies and strategic frameworks in respect of the administration and management of the intellectual property (“IP”) of a company. This would include matters related to IP creation, ownership of the IP, utilization and …
In recent years, I have seen a strong shift in Malaysia’s financial and estate planning industry — clients are no longer looking for products that are merely financially effective. They are seeking solutions that are both legally robust and Syariah-compliant. One concept that perfectly bridges these two worlds is Hibah Amanah. Before we explore its …
Hibah Amanah: Bridging Islamic Generosity with Modern Financial Products Read More »
Introduction As Malaysia advances towards a self-assessment regime for all taxpayers, with taxpayers having to compute and pay stamp duties on their own effective 1 January 2026, the Inland Revenue Board Malaysia (“IRB”) has introduced the Stamp Duty Audit Framework, also known as the Rangka Kerja Audit Duti Setem (“Framework”), effective from 1 January 2025. …
Introduction A Company Limited by Guarantee (“CLBG”) is a unique corporate structure designed primarily for non-profit organisations, professional bodies, and charitable foundations. Unlike conventional companies, a CLBG has no share capital, and its members’ liability is limited to the amount they agree to contribute if the company is wound up. With nearly 2,000 CLBGs incorporated …
Understanding Companies Limited by Guarantee: Legal Framework & Key Features Read More »
Introduction The acronym “ESG” stands for Environment, Social and Governance. At first glance, it may not appear to include human rights. However, human rights tend to find its way into the very essence of the ESG framework, particularly in its data compilation, implementation, and reporting. The fundamental document for human rights is the United Nations …
Introduction The Communications and Multimedia (Amendment) Act 2025 (“Amendment Act”), which provides amendments to the Communications and Multimedia Act 1998 (“CMA 1998”), was passed by the Malaysian Parliament in December 2024 and came into effect on 11 February 2025. However, Section 92 (Sending of unsolicited commercial electronic messages) and Section 112 (Preservation of communications data) …
Overview on the Communications and Multimedia (Amendment) Act 2025 Read More »
Introduction Winding up is often seen as the end of a company, hence marking the end of a director’s powers. Under the Companies Act 2016, the powers of company directors generally cease upon the appointment of a liquidator. However, can directors act in limited situations? Are all their powers completely extinguished? This article explores whether …
When the Curtain Falls: Do Directors Still Hold Power After Winding Up? Read More »
Introduction Since the introduction of the Digital Asset Exchange (“DAX”) regulatory framework on 31 January 2019,1 the DAX industry in Malaysia has experienced a steady growth.2 Notably, the year 2024 recorded the highest total trading value amounting to RM13.9 billion, which reflected an increase of 2.6 times from 2023.3 In tandem with this growth, the …
Introduction Mergers and Acquisitions (“M&A”) are pivotal strategies for businesses aiming to grow their market presence or diversify their operations. A key component of the M&A process is company valuation, which assesses the financial worth of a company or its assets involved in the transaction. This step is integral to due diligence, as it provides …
Valuation Methodologies for M&A Transaction in Malaysia Read More »
Introduction As the private equity fund industry continues to evolve, investors are becoming increasingly sophisticated, demanding stronger contractual safeguards and enhanced considerations to protect their interests. This trend is particularly relevant in the context of the issuance of the Practical Guide on Venture Capital and Private Equity by the Securities Commission Malaysia. The guide provides …
Private Equity Funds: Key Features & Critical Issues Read More »
Legal Implications of AI Deployment by Boards The use of artificial intelligence by companies is both inevitable and fraught with challenges and risks, for their boards of directors in particular. Investors and competitive pressures call for it as it promises to enhance efficiency and performance, whilst regulators and stakeholders (employees and communities, but investors too …
Artificial Intelligence Transparency and Corporate Liability Read More »
Could Trademark Enforcement Have Made a Difference? Counterfeits impact the Malaysian economy way harder than you might think. A study by the Federation of Malaysian Consumers Associations (FOMCA)1 revealed that counterfeit goods are part of the shadow economy which represents roughly 21% of Malaysia’s GDP. Transactions involving counterfeit items typically bypass legal business channels, often …
Trademark Enforcement in Malaysia – How Counterfeits Affect Businesses Read More »
On Monday, the signing by U.S. President Trump of an executive order implementing the new US-UK trade deal, hours or days ahead of another expected trade deal between the US and the European Union, stresses once again the growing divergence between the UK and the EU following Brexit. The full details of this agreement and …
Introduction Nature-Based Solutions (NbS) harness ecosystems to tackle climate change, food security, and disaster risks while enhancing biodiversity and human well-being. By protecting, managing, and restoring natural systems like forests, mangroves, and peatlands, NbS mitigate greenhouse gas emissions, build resilience against climate impacts, and improve water security, soil health, and livelihoods. A 2020 IUCN report …
Nature-Based Solutions: A Vital Tool in Combating Climate Change Read More »
Introduction The Inland Revenue Board (“IRB”) has adopted a stringent approach to enforcing compliance with the Stamp Act 1949 (“Stamp Act”) through the implementation of the Stamp Duty Audit Framework (“Framework”), effective from 1 January 2025.1 The Framework extends its coverage to contracts executed within the past three (3) years. This sudden enforcement has caused …
Stamp Duty Audit Framework: Impact on Employment Contracts Read More »
Introduction Section 129 of the Personal Data Protection Act 2010 [Act 709] (“PDPA”) (as amended by the Personal Data Protection (Amendment) Act 2024) provides the grounds in which the data controller may transfer any personal data to a place outside Malaysia. Pursuant to Section 48(g) of the PDPA, the Personal Data Protection Commissioner (“Commissioner”) had, …
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