Strategic Trade Act: Requesting a Technical Review on an Item That Might Be Wrongly Classified
Introduction In order to export, tranship or bring in transit a strategic item, a permit is required. This is in accordance with section 9(1) of the Strategic Trade Act 2010 (“STA 2010”), where it states that “no person shall export, tranship or bring in transit strategic items unless he obtains a permit issued under this …
Shareholders Convening Extraordinary General Meeting: Can The Costs Be Recovered?
Who can convene an extraordinary general meeting?
Legal Issues at the Intersection of Malaysian Real Estate and COVID-19
COVID-19 is a new strain of coronavirus that first emerged in central China at the end of 2019 and continues to spread around the globe. On 11 March 2020, the COVID-19 outbreak has been declared a pandemic by the World Health Organization (WHO) and is already having a major effect on international commerce. As the …
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Commentaries on the Main Changes to the New Trademarks Act 2019
On 27 December 2019, the Trademarks Act 2019 (“the TA 2019”) has officially come into force in Malaysia, repealing the previous Trade Marks Act 1976 (“the TA 1976”). Trademarks Regulations 2019 is also now in force, repealing the previous Trade Mark Regulations 1997. Prior to the introduction of the TA 2019, on 27 September 2019, …
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Combating COVID-19: Legal Requirements and Procedures for the Importation of Vaccine into Malaysia
Introduction On 11 March 2020, the World Health Organization (“WHO”) declared the COVID-19 outbreak as a pandemic. Until today, COVID-19 has affected 203 countries and territories around the world and 2 international conveyances (Diamond Princess cruise ship and MS Zaandam cruise ship). In order to stop the spread of COVID-19 virus, a nationwide movement control …
Coronavirus – A Force Majeure Event?
Coronavirus has taken Wuhan by storm when the outbreak was first discovered in one of central China’s most important industrial cities in December 2019. In less than three months as at the time of writing, the coronavirus disease COVID-19 has affected numerous countries and territories around the world which resulted in the quarantine of hundreds …
COVID-19: The Threat to Insolvency – Options to SMEs
Introduction The COVID-19 pandemic is creating significant health, social and economic challenges worldwide. The impact of this outbreak has raised many concerns in Malaysia especially for Small and Medium-sized Enterprises (“SMEs”) as there is a real risk of insolvency since business is limited due to the closure of premises during the Movement Control Order imposed …
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Reliance on Copies in the Absence of Original Documents
Often there are times where an important document is no-where to be found and all that is left are copies made by the photocopy machine. While in some cases a new original document may be issued such as certificate of shares[1], this may not necessarily be the case in some other situations. In times like …
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Covertly Obtained Telephone Conversation – Is It Admissible in Court?
Each citizen deserves to enjoy a private life where one can freely converse with another person without interference or fear that the conversation might be heard by any 3rd party. In the modern days of today, it is not foreign for anyone to communicate with each other through telephone calls and instant messaging applications. Although …
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Indemnity Clauses In Share Sale Transactions
Introduction One of the most heavily negotiated clauses in a share sale agreement (“SSA”) is indemnity clause. The parties to the SSA can agree on the most fundamental thing, including the purchase price, from day one but a clause that seems like just a boilerplate to an agreement – indemnity clause – may take months …
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