Alumni Admin

Asni Che Abd. Aziz

Tell us a bit about your background? I initially grew up in Kota Bharu, Kelantan and later, at a tender age of 13, attended Tunku Kurshiah College, a secondary boarding school in Seremban, Negeri Sembilan. I graduated from International Islamic University Malaysia with a Bachelor of Laws, followed by a Postgraduate Diploma in Syariah and …

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Participation of Foreign Contractors in Construction Projects in Malaysia

Introduction In recent years, Malaysia’s construction industry has been on the rise with a whole host of newly-announced large scale projects which is seen as ongoing momentum to the industry growth. Given the expansion scale of the market, it is unsurprising that overseas market players, particularly foreign contractors have targeted at the opportunities offered by …

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Avoiding Cartel Under Malaysian Competition Law: Tips for Companies

The Malaysia Competition Commission (“MyCC”) has recently imposed financial penalties for RM1.04 million against 7 warehouse operators (“Parties”) for engaging in a price-fixing cartel. The parties were found to have infringed the prohibition under Section 4 of the Competition Act 2010 (“CA2010”) by participating in an agreement which has, as its object, the prevention, restriction …

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M&A Review: Recent Technology Deals in Malaysia

Introduction According to United Nations Conference on Trade and Development (“UNCTAD”), the number of cross-border mergers and acquisitions (“M&A”) globally declined by 15% year-on-year in the first nine months of 2020.1 However, the trend in Asia is the polar opposite, with equivalent M&A activity in the region rising by 60% year-on-year over the same period, …

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Regulatory Framework Updates on FinTech

Introduction In our past edition, two aspects of FinTech in Malaysia were discussed, namely the potential and regulation of Blockchain in FinTech in Malaysia, as well as the Peer-to-Peer (P2P) financing legal framework in Malaysia. In light of Blockchain’s robust development and strong appeal in today’s world because of its characteristics of disintermediation, immutability, security, …

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Blockchain in Fintech: Potential & Regulation in Malaysia

Introduction Blockchain is a ledger of records organized in ‘blocks’ that are linked together by cryptographic validation which is neither stored in a centralized location nor managed by any single entity1. The block validation system results in new transactions being added irreversibly and old transactions preserved forever for all to see, hence the transparency and …

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Managing Legal Due Diligence Exercises

This article focuses on legal due diligence exercises (“LDDEs“) in the context of acquisitions (shares or business) and investments (debt or equity) among private companies limited by shares incorporated in Malaysia. If not managed efficiently, LDDEs may be disruptive to the target company’s daily operations. There are varying degrees of control which the attending company …

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

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 …

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The Law Relating to Anti-Dumping [Part 2]

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 …

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

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 …

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