Three simple ways for clear drafting

Drafting

1. Use headers to structure your content

Let the readers know what the content is about by using headers. When the readers come to the end of a paragraph, the next header inform the readers that you are moving to the next point.

2. Use list and numbering

I am not fond of long emails peppered with questions throughout the emails. It is easier for the other party to respond if you set out the questions in a list. I prefer numbers to bullet points. It is easier to refer to point No. 18 than asking the readers to count to the 18th bullet point in the list.

3. Avoid using the phrase “including without limitation” more than once in a sentence

You‘ll get what I mean when you review a lengthy indemnity clause in a sale and purchase agreement that uses the phrase more than once. You’ll have to go back to the beginning of the clause and read it once more to see whether you miss anything.

#malaysiancorporatelawyer
#drafting

This post was first posted on Linkedin on 23 March 2022.

Linkedin Post
Conversation on W&I Insurance in M&A Transactions

As an M&A lawyer with a keen interest in the nuances of the M&A field, I’ve observed that warranty and indemnity insurance (W&I) is not that common in M&A transactions in Malaysia, as far as I know. Therefore, when I saw Martijn de Lange of BMS Group commenting about W&I …

Company Law
Indirect Substantial Shareholder

A person can be a substantial shareholder in a company without directly holding any shares in that company. One of the challenges that often arises when I work on IPOs or other equity capital market exercises is the assessment of whether an individual holds an indirect substantial shareholding in a …

Company Law
Legal Requirements for Directors’ Fees and Benefits in Malaysia

One common issue I encounter in both M&A deals and IPO exercises relates to compliance with the legal requirements for the payment of director’s fees and benefits. Additionally, the legal obligations regarding director’s service contracts should not be overlooked. Here are the key points: Constitution 1. If a company, whether public …