Nur Mafuzia

Employees are an important asset to companies and thus, making them feel valued is imperative to enhance employee retention efforts. There are a plethora of employee benefit mechanisms adopted by employers to reward their employees for their hard work ranging from monetary compensations such as bonuses to non-monetary compensations such as healthcare benefits. Another attractive …

The Tax Treatment of Local and Foreign Employee Share Option Schemes in Malaysia Read More »

Captive insurance, while dating back to the 1950s, has enjoyed increasing popularity in recent decades. Basically, a captive insurance is wholly owned and controlled by those it insures. Its primary purpose is to insure the risks of its owners. Because the owners are also the insureds, they are able to exert much greater control, especially …

Labuan: A Leading Domicile for Captive Insurance Read More »

Introduction Legally, an ownership can be classified into two; (1) legal and (2) beneficial ownership. A legal owner is a person who holds the legal title under his name, whereas a beneficial owner is a person who enjoys the benefits of ownership even though the title is in another name. Generally, a legal owner of …

The Concept of Transfer of Beneficial Ownership of Securities Read More »

Introduction Assets are often purchased by companies as part of its corporate exercise. The seller and buyer (“Parties”) to a sale and purchase of assets would enter into a sale and purchase agreement mutually negotiated and agreed by the Parties. A sale and purchase agreement set out all the details, terms and conditions of the …

Requesting Representations and Warranties from a Liquidator in a Sale and Purchase of Assets Read More »

Introduction Expropriation is an act wherein the government or prosecuting body can seize or deprive an individual or entity of their properties or accessible assets for the benefit of the public at large. The term formerly applied to any compulsory deprivation of property, particularly by a public agency, but now pertains primarily to government takings …

Expropriation in International and Common Law Read More »

Introduction As briefly described in our earlier publication, “The Law Relating to Anti-Dumping Part 1”, in this article we will now further introduce and explore on the relevant investigation procedures undertaken by the Ministry of International Trade and Industry of Malaysia (“MITI”) in regulating and combating dumping issues in Malaysia under the Countervailing and Anti-Dumping …

The Law Relating to Anti-Dumping [Part 2] Read More »

According to Cornell’s Legal Information Institute, fraud against the government may consist of fraud in connection with federal government contracting and fraud in connection with federal and/or federally-funded entitlement programs, including public housing, agricultural programs, defense procurement fraud, educational programs and corporate frauds. As it relates to federal government contracting, investigations often involve bribery in …

The Right of Defrauded Government Agencies Bodies to Claim for Mesne Profit or Illegally Obtained Profit Read More »

Introduction A liquidator is appointed for the winding up of a company, whether it is a compulsory winding up by the court1, or a winding up commenced by its members2 or creditors.3 A liquidator acts as a key figure in the winding up process and his main role is to wind up the business of …

Causes of Action against a Liquidator for Improper Conduct Read More »