For anyone looking to include arbitration clause in agreements for arbitration in Malaysia, you may want to consider adopting the following model arbitration clause under the AIAC Arbitration Rules 2021: โ๐๐ฏ๐บ ๐ฅ๐ช๐ด๐ฑ๐ถ๐ต๐ฆ, ๐ค๐ฐ๐ฏ๐ต๐ณ๐ฐ๐ท๐ฆ๐ณ๐ด๐บ, ๐ฅ๐ช๐ง๐ง๐ฆ๐ณ๐ฆ๐ฏ๐ค๐ฆ ๐ฐ๐ณ ๐ค๐ญ๐ข๐ช๐ฎ ๐ข๐ณ๐ช๐ด๐ช๐ฏ๐จ ๐ฐ๐ถ๐ต ๐ฐ๐ง ๐ฐ๐ณ ๐ณ๐ฆ๐ญ๐ข๐ต๐ช๐ฏ๐จ ๐ต๐ฐ ๐ต๐ฉ๐ช๐ด ๐ค๐ฐ๐ฏ๐ต๐ณ๐ข๐ค๐ต, ๐ช๐ฏ๐ค๐ญ๐ถ๐ฅ๐ช๐ฏ๐จ ๐ต๐ฉ๐ฆ ๐ฑ๐ฆ๐ณ๐ง๐ฐ๐ณ๐ฎ๐ข๐ฏ๐ค๐ฆ, ๐ฃ๐ณ๐ฆ๐ข๐ค๐ฉ, ๐ต๐ฆ๐ณ๐ฎ๐ช๐ฏ๐ข๐ต๐ช๐ฐ๐ฏ ๐ฐ๐ณ …
One of the earliest lessons I have learned as an equity capital markets lawyer is this: Submission documents must not contain any statement or information which is false or misleading or from which there is a material omission. Being provided with information at theย eleventh hourย just before a prospectus or circular …
A party wants to acquire the assets owned by another party. The other party is willing to sell its assets. It should be a straight forward offer and acceptance, right? Unfortunately, not in this case. The potential seller wants to sell the shares of the company which owns the assets …
Prior to entering into business ventures with another party, it is important for a business owner to carry out due diligence on the counterparty and the target business or company. There are various searches which could be carried out as preliminary steps to check whether there is any red flag. …
Directorsโ independence has been a key focus of the Securities Commission Malaysia (โ๐ฆ๐โ) and Bursa Malaysia Securitiesย Berhadย (โ๐๐๐ฟ๐๐ฎโ) lately as can be seen from the following amendments or proposed amendments: ๐ฅ๐ฒ๐๐ถ๐๐ถ๐ผ๐ป ๐๐ผ ๐ ๐ฎ๐น๐ฎ๐๐๐ถ๐ฎ๐ป ๐๐ผ๐ฑ๐ฒ ๐ผ๐ณ ๐๐ผ๐ฟ๐ฝ๐ผ๐ฟ๐ฎ๐๐ฒ ๐๐ผ๐๐ฒ๐ฟ๐ป๐ฎ๐ป๐ฐ๐ฒ (โ๐ ๐๐๐โ) The SC issued the revised MCCG on 28 April 2021 which took effect …
It is common for shareholders to provide loan, which is also sometimes called shareholderโs advance, to a company for its funding requirements. The terms of such loan are sometimes set out in shareholdersโ agreement. Where the loan is provided by non-resident shareholders, the foreign exchange policy issued by Bank Negara …
On 3 August 2009, the Main Board and Second Board of Bursa Malaysia were merged into a single unified board, which is now known as the Main Market, for established companies. On the same date, the Mesdaq Market, which was for technology-based companies, was replaced by an alternative market now …
1. Save for in the case of a company having only one member, two members personally present at a general meeting or by proxy shall be a quorum unless a higher number is specified in the constitution (Section 328, Companies Act 2016 (โCAโ)). In the case of a company with …
Under the Malaysian Code on Corporate Governance (โMCCGโ), one of the intended outcomes is for board decisions to be made objectively in the best interests of the company taking into account diverse perspectives and insights. To achieve this outcome,ย one of the best practices provided underย the MCCGย is forย the boardย toย utilise independent sources …
The definition section in commercial agreements usually includes โBusiness Dayโ as a defined term. A typical definition for โBusiness Dayโ reads as follows: โBusiness Dayโ means a day on which commercial banks are generally open for business in [insert state or country] for transaction of normal business (excluding Saturdays, [Sundays] …