Drafting
Drafting

Arbitration clause in agreements

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: โ€œ๐˜ˆ๐˜ฏ๐˜บ ๐˜ฅ๐˜ช๐˜ด๐˜ฑ๐˜ถ๐˜ต๐˜ฆ, ๐˜ค๐˜ฐ๐˜ฏ๐˜ต๐˜ณ๐˜ฐ๐˜ท๐˜ฆ๐˜ณ๐˜ด๐˜บ, ๐˜ฅ๐˜ช๐˜ง๐˜ง๐˜ฆ๐˜ณ๐˜ฆ๐˜ฏ๐˜ค๐˜ฆ ๐˜ฐ๐˜ณ ๐˜ค๐˜ญ๐˜ข๐˜ช๐˜ฎ ๐˜ข๐˜ณ๐˜ช๐˜ด๐˜ช๐˜ฏ๐˜จ ๐˜ฐ๐˜ถ๐˜ต ๐˜ฐ๐˜ง ๐˜ฐ๐˜ณ ๐˜ณ๐˜ฆ๐˜ญ๐˜ข๐˜ต๐˜ช๐˜ฏ๐˜จ ๐˜ต๐˜ฐ ๐˜ต๐˜ฉ๐˜ช๐˜ด ๐˜ค๐˜ฐ๐˜ฏ๐˜ต๐˜ณ๐˜ข๐˜ค๐˜ต, ๐˜ช๐˜ฏ๐˜ค๐˜ญ๐˜ถ๐˜ฅ๐˜ช๐˜ฏ๐˜จ ๐˜ต๐˜ฉ๐˜ฆ ๐˜ฑ๐˜ฆ๐˜ณ๐˜ง๐˜ฐ๐˜ณ๐˜ฎ๐˜ข๐˜ฏ๐˜ค๐˜ฆ, ๐˜ฃ๐˜ณ๐˜ฆ๐˜ข๐˜ค๐˜ฉ, ๐˜ต๐˜ฆ๐˜ณ๐˜ฎ๐˜ช๐˜ฏ๐˜ข๐˜ต๐˜ช๐˜ฐ๐˜ฏ ๐˜ฐ๐˜ณ …

Drafting

Things to take note for shareholdersโ€™ agreement

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 (โ€œCAโ€)). In the case of a company with …

Drafting

When is your โ€œBusiness Dayโ€?ย 

The definition section in commercial agreements usually includes โ€œBusiness Dayโ€ as a defined term. A typical definition for โ€œBusiness Dayโ€ reads as follows: โ€œBusiness 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] …

Drafting

Drafting of notice of meeting for issuance of shares to directors etc

Notice of meeting for issuance of shares by a company listed on the Main Market or ACE Market or its subsidiaries to a director, major shareholder, chief executive of the listed company or its holding company or persons connected with them must contain the details required under the Listing Requirements. …

Drafting
Drafting

Bursa Reader Friendly Guide

For persons who draft announcements and circulars Bursa has issued the Reader Friendly Guide in 2019 to provide guidance to persons who prepare announcements and circulars to shareholders (collectively, โ€œDisclosure Documentsโ€) and assist them to ensure that the disclosures are clear, simple and succinct. The Guide recommends 3 principles for …

Drafting
Contracts

A practical consideration for Business Day

When parties carry out their obligations under an agreement, they may be able to carry out the obligations only on a working day. This is usually achieved by providing in the agreement that the obligations would be done on a โ€œBusiness Dayโ€. A typical definition of โ€œBusiness Dayโ€ provides that …