insight

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 »

The COVID-19 pandemic has taken a hit on all of Malaysia’s industrial players in every sector, with exception of one – glove manufacturers. For reasons of health and safety, a booming worldwide demand sees a global shortage of gloves. It is a rare occurrence that a Malaysian manufactured commodity has attracted such a high demand …

Structuring the Purchase of Rubber Gloves from Malaysia: Avoiding Risks During the Pandemic Read More »

Listed as the 25th most competitive economy in the world1, Malaysia engages in an exceedingly wide variety of industrial activities such as construction, mining, quarrying, and manufacturing, and these activities may lead to the production of hazardous waste. These hazardous wastes are classed as ‘scheduled waste’, scheduled waste refers to any wastes that possess hazardous …

Laws Relating to the Management of Scheduled Waste in Malaysia Read More »

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 …

Participation of Foreign Contractors in Construction Projects in Malaysia Read More »

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 …

Avoiding Cartel under Malaysian Competition Law: Tips for Companies Read More »

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, …

M&A Review: Recent Technology Deals in Malaysia Read More »

This article focuses on legal due diligence exercises (“LDDE”s) 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 …

Managing Legal Due Diligence Exercises 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 »