Introduction In the realm of property ownership and financing, ensuring proper legal documentation is vital for protecting the rights of both borrowers and lenders. Two key legal documents – Discharge of Charge and Deed of Receipt and Reassignment are integral to confirming the release of the lender’s interest in the property and ensuring the borrower…
Application For Single Status Certification in Malaysia
What is a Single Status Certificate? A Single Status Certificate, or a Certificate of No Impediment to Marriage, is an official document issued by relevant authorities to confirm that an individual is not currently married or legally prohibited from marrying. The certificate is commonly required when individuals intend to marry someone from another country and…
Building Great Partnerships with Ambassadorship and Influencer Agreements
In today’s digital world, partnerships between brands and influencers are everywhere. From skincare routines to travel adventures, influencers bring products to life in ways that feel authentic and relatable. But, to make these partnerships successful, a good foundation is essential – and that’s where an Ambassadorship or Influencer Agreement comes in. Whether you’re a brand…
Native Customary Land in Sarawak
Q: What is Native Customary Land (NCL)? A: NCL refers to land that has been used or occupied by Sarawak’s native communities under customary law, typically for farming, hunting, and other traditional activities. It is legally recognized under the Sarawak Land Code and is meant to be owned only by natives. Q: Who qualifies as…
Can Foreigner Own Immovable Property In Sarawak?
Q: Who is classified as a “foreigner”? A: As defined under the Sarawak Land Code, a foreigner is: – a) any person who is not a Malaysian citizen and not permanently resident in Sarawak; b) any foreign company, corporation, society, association or other body which is not registered in Malaysia under any written law applicable…
What’s The Differences Between Individual Title and Master Title In Sabah?
Individual Title Master Title An independent land title issued to the owner of a specific piece of land or property. Definition A single title that covers a large piece of land before it is subdivided into smaller lots or units. Owner no need get consent/approval from the Developer. Owner no need pay administrative fee to…
Right to Privacy In Malaysia
Introduction Imagine enjoying a pleasant meal at a restaurant, accompanied by some light-hearted music and casual dance moves. After returning home and resuming your usual activities, you are suddenly overwhelmed by a flood of messages and notifications on your phone. To your dismay, you discover that a video of your meal, featuring your impromptu dance,…
How to avoid your Last Will and Testament to be contested?
When it comes to creating a Last Will and Testament, it’s natural to worry about the possibility of it being contested. After all, your final wishes should be carried out with dignity and respect, without being entangled in legal disputes. This article outlines key measures that can be taken to safeguard a will from potential…
Maintenance Obligations Between Spouses
In the past, women were often confined to household responsibilities, with their contributions limited to managing the home and caring for the family. However, this traditional division of roles has evolved considerably. Today, women are active participants in the workforce, contributing financially and professionally at levels equal to their spouses. Given these societal shifts, the…
OPINION ON HLC V PTL & GEN [WA-33-30-01/2021] DECIDED ON 15 APRIL 2024
BACKGROUND FACTS 1. On 18 April 2024, several major news portals reported on a recent divorce case decided by High Court Judge Evrol Mariette Peters. Among others, FMT reported the case with a headline of ‘Agreement for husband to have mistress during marriage valid, court rules’. 2. This is the High Court case of HLC…
Guidelines to Effective Governance for Non- Governmental Organization
In recent times, NGOs have come under scrutiny due to instances of misuse for money laundering, lack of transparency, and other governance issues that risk damaging their reputation and eroding public trust. Ensuring robust governance practices is vital to safeguard the credibility and effectiveness of NGOs, allowing them to fulfill their missions and serve their…
Execution and Distribution of Deceased’s Estates in Sarawak
1. What is “estate execution”? Estate execution refers to the legal process of administering the assets, debts and possessions left behind by a deceased individual and this process involves a last will and testament. It involves validating the Will (if one exists), settling outstanding debts and distributing the remaining assets among the rightful beneficiaries. 2….
How To Discharge From Bankruptcy Order
1. If I have been declared bankrupt, what should I do to discharge myself? There are several methods for obtaining a discharge from bankruptcy, which can vary depending on the facts. A person who is declared bankrupt may remove his /her bankruptcy status either by way of discharge application pursuant to section 33, 33A and…
Soalan Lazim: Pengesahan Pernikahan
Majlis pernikahan yang dilakukan di dalam dan luar negara tanpa kebenaran Mahkamah Syariah sudah menjadi amalan dan budaya masyarakat Malaysia tanpa mengetahui impak serta kesan yang akan berlaku sekiranya pernikahan tersebut tidak didaftarkan di Malaysia. 1. Apakah yang dimaksudkan dengan “bernikah tanpa kebenaran”? Bernikah tanpa kebenaran merupakan pernikahan yang dilakukan tanpa memenuhi garis panduan yang…
Can I Sell My Portion of a Joint-Name Property?
Joint name property means ‘joint ownership’ or ‘co-proprietorship’ of a property. It simply refers to two people (or more) who each have a share of the same property. This could include cohabiting couples or friends or family members who own a property together. Whether you are a joint owner with your partner, a family member,…
Application of Probate or Letter of Administration in Sarawak
1. What is Probate and Letter of Administration? A. Probate or Letter of Administration are legal documents issued by the Amanah Raya Berhad/District Office in Sarawak for the purpose of the distribution of Deceased’s assets. 2. Who is the authority in charge of the application of Probate or Letter of Administration in Sarawak? A. Probate…
The Doctrine Non-Delegable Duty in Malaysian Health Care (Part 1)
Introduction The recent case of Siow Ching Yee (Menyaman melalui isteri dan wakil litigasinya, Chau Wai Kin) v. Columbia Asia Sdn Bhd[1] is a significant development in Malaysian medical negligence law. In a 4-1 majority decision, the Federal Court held Columbia Asia Sdn Bhd liable for breaching its non-delegable duty of care to the appellant….
Understanding Your Rights in Cases of Inaccurate CTOS Scores
In the age of rapid digitalization and data-driven decision-making, the concept of credit scoring has become increasingly prevalent. Among these scoring systems, the Credit Tip-Off Service (CTOS) score holds significant sway, influencing various aspects of individuals’ financial lives, from loan approvals to job opportunities. However, what happens when this crucial metric is marred by inaccuracies?…
Prenuptial Agreements: Understanding the Basics and Beyond in Malaysian Law
In the context of Malaysian society, where family values are deeply entrenched and the legal system intertwines with cultural norms, the concept of prenuptial agreements may seem foreign to some. However, as financial landscapes become more complex and marriages more diverse, understanding the intricacies of prenuptial agreements under Malaysian law has never been more crucial….
Resealing of Probate in Sarawak
Q1: What is a Probate? A1: A probate is an official or legal document issued by the relevant authority in order for the executors to execute the deceased’s estates in accordance to his wishes stated in his last will and testament. Q2: What is resealing of Probate? A2: Resealing of Probate is a legal process…
What are the differences between having a Will and not having a Will in Sabah?
1. What is the Last Will and Testament? A Last Will and Testament is a legal document in which an individual, known as the testator, specifies the distribution of their assets post-mortem according to their wishes. 2. What are the requirements to make a valid Will? Testator must not be under the age of…
Costs involved in the Purchase of Property
1. Deposit of Purchase Price It could be 10% of the purchase price, or it could be any different amount as determined by the agreement between the seller and the buyer. 2. Legal Fees for Sale and Purchase Agreement & Loan RM % Up to 10,000.00 2.50 For the next 40,000.00 1.00 For the next…
Soalan Lazim: Tuntutan Perceraian Melalui Hakam
Dalam menuntut perceraian di Mahkamah Syariah, ramai pihak bimbang sekiranya suami/isteri beliau tidak mahu memberikan kerjasama dan tidak bersetuju dalam tuntutan perceraian yang telah difailkan. Oleh itu, wujudnya HAKAM sebagai alternatif bagi memudahkan tuntutan perceraian. 1. Apakah itu Hakam ? Hakam adalah seseorang yang dilantik oleh suami, isteri atau mahkamah sebagai penimbangtara dengan tujuan menyelesaikan…
Can The Bankrupt Be Sued?
I. ILLUSTRATION Ali was made bankrupt in 2023. However, Siti and Mark wish to sue him for the following matters, respectively: Siti wishes to file a civil suit against Ali for a debt due and owed by Ali of RM50,000.00. Mark, a famous influencer, also wishes to file a defamation suit against Ali for a…
Real Property Gains Tax (RPGT) Calculation For A Deceased’s Property
1. By Way of Transfer & Transmission • Transmission between Deceased to Executor/Administrator and the transfer between Executor/Administrator to the Beneficiary is deemed no loss or gain. • In this event, no RPGT will be imposed. 2. Transfer of Deceased’s Property in Sub-sales Situation • Transfer of Deceased’s property in sub-sales situation is depending on…
So You Have Received A Single Divorce Petition, What Now?
Here the general steps you may need to take when you receive a single divorce petition:- Review the Petition – carefully read the divorce petition to understand the grounds for divorce, requests made by the Petitioner (the person filing for divorce), and any supporting documents attached; Consult a Lawyer – it is highly advisable to…
Mediation or Trial?
The choice between mediation and Trial depends on the specific circumstances of the legal dispute and the preferences of the parties involved. Here’s a brief overview of both options:- Mediation Mediation is effectively a supervised negotiation process, especially useful for resolving disputes in a less adversarial manner. One party will put forward their position as…
What is a “Chain of Executorship” in Probate?
The Differences between Developer Sales and Sub-Sales in Malaysia
In the Malaysian real estate market, there are two (2) common types of property transactions, which are stated below:- Developer Sales: Developer Sales are the purchase of properties directly from the Developer. These properties are usually brand new or under construction, whereby the buyers are the first owners. Sub-Sales: Sub-Sales, also called secondary sales. Sub-Sales…
FAQs: Can you commence legal action?
1 I) A claims that B owes him a sum of money. B died last week. What can A do? General rule: section 8(1) of Civil Law Act: all cause of action subsisting against or vest in the deceased shall survive. Exception (Proviso to section 8(1)) : unless in the case of defamation or seduction…
Legal issues in business: Legal Perils of Neglecting Proper Documentation in Business
Key takeaway: Ensure proper documentation for all business transactions to avoid potential accusation of wrongdoings, impropriety, or fraud Introduction Running a business inherently involves risks. One of the significant risks arises from neglecting proper documentation. The following real events are instructive. A few years ago, there was a tale of 2 factions of shareholders of…
Legal Issues in Business – Unveiling the Legal Perils: How Inadequate Documentation Can Lead to Accusations of financial Impropriety, Fraud, or Breach of Trust
Key takeaway: Business must not only be done properly but must ‘BE SEEN’ to have been done properly. Simply put, business transactions must be properly and adequately documented. The Kuala Lumpur Court Drama A few years ago, in a bustling courtroom in Kuala Lumpur, a gripping case unfolded. At its heart was a seemingly innocent…
Legal Issues in Business: Common Pitfalls When Handling Contractual Disputes
Key Takeaway: Life is full of irony, and the handling of contractual disputes is no exception. It is essential to approach such disputes cautiously, as conventional methods may inadvertently backfire, leaving the innocent party liable instead of the guilty one. When facing contractual disputes, it’s natural for aggrieved parties to want to protect their interests…
Domestic Inquiries: Best practices
1. What is a domestic inquiry? 1.1 A domestic inquiry is an internal disciplinary proceeding conducted by an employer to make a finding as to whether a given employee has committed an act (or acts, as the case may also be) of misconduct in breach of his terms of employment. Misconduct is not defined under…
How To Dissolve Marriage Within the TWO (2) Years of Registration?
Section 50 of the Law Reform (Marriage and Divorce) Act 1976 (Act) sets out that no marriage shall be capable of being dissolved unless such a marriage has surpassed the period of two years upon it being registered. Nevertheless, the Act also provides for the exception of the prohibition which can be found under Section…
Can properties obtained via inheritance, gift, or love and affection transfer be subjected to division of matrimonial assets?
The definition of ‘matrimonial assets’ under the Law Reform (Marriage and Divorce) Act 1976 The interpretation and definition of the term ‘matrimonial assets’ under the Malaysian Law is rather wide and straightforward. Section 76 of the Law Reform (Marriage and Divorce) Act 1976 (Act 164) empowers the court to order division of assets between parties…
Advantages to have a Last Will and Testament
A will and testament are legal documents which contained specific commands by the testator or a will maker on what to do with the assets upon that person’s death. In short, a last will and testament enables the testator to distribute the assets according to his or her wishes. Who are the parties to the…
马来西亚单身证明申请指南
View English Version 如果您是马来西亚公民，并计划与外籍配偶结婚，您需要获得“单身证明”（Single Status Certificate）。单身证明是一份文件，证明您是单身人士，未婚或已离婚，可以合法结婚。 以下是关于申请马来西亚单身证明的指南，包括 • 申请程序 • 所需文件 • 等待时间 • 费用 • 律师楼代办的程序等相关信息。 如何您可以通过以下方式申请单身证明： 律师楼将会协助您收集和准备所需文件，并向国家登记处提交申请，然后通知您审核和处理的结果。 申请需要的文件: 以下是您需要准备的文件： • 马来西亚身份证（MyKad）和有效护照副本； • 出生证明副本（如果您的出生证明未在国家登记处注册）； • 其他可能需要的文件，如离婚证书或丧偶证明（如果适用）。 请注意，如果您的文凭或学历证书不是由马来西亚政府颁发的，您还需要进行文件认证。文件认证的过程需要向马来西亚外交部（Ministry of Foreign Affairs）提交申请，并缴纳认证费用。认证完成后，您将获得一份文件认证证明，以证明您的文凭或学历证书是真实有效的。 等待时间和费用 以下是一般的流程： 选择一家信誉良好的律师楼，并与他们联系以了解程序、等待时间和费用。 律师楼代表你提交申请：一旦律师楼收到你的文件，他们将为你提交单身证明申请。 领取单身证明：如果你的申请获得批准，律师楼将通知你前往政府部门领取单身证明。 申请人不在马来西亚或境外的程序 如果您不在马来西亚，您可以通过电子邮件或信函向国家登记局（National Registration Department）提出申请。相关资料可游览 https://www.jpn.gov.my/en 。 或者 向当地的马来西亚驻外使领馆咨询单身证明申请。 请注意，不同的马来西亚驻外使领馆对于单身证明的申请要求可能会略有不同，因此建议您在申请前向具体的使领馆咨询相关申请程序和所需文件，包括是否提供翻译服务。 更轻松的选择可以由律师楼代办单身证明申请 是的，您可以通过马来西亚的律师楼寻求帮助。马来西亚的律师可以在境内和境外提供法律咨询和协助服务。如果您需要在海外进行相关法律事务，可以考虑寻找有经验的律师来帮助您处理。 总体来说，自己申请和律师楼代办单身证明申请程序的流程和所需文件大致相同，但律师楼可以为您处理所有申请过程中可能出现的问题，帮助您更快地获得单身证明。 若有任何疑问或需要法律咨询，请联系我们的律师。
Your Rights after You Fully Settled Your Housing Loan
Upon confirmation from the bank that your housing loan has been fully settled, your first step will be appointing a qualified lawyer to assist you with the next procedure, of which there are two types, which are MODC which is for the property with individual strata title and the DRR which is for the property…
GOOD NEWS: Stamp Duty Waiver for Transfer of Property between Family Members
Have you ever thought of transferring your property during your lifetime to your family members? If you’ve been worried about legal costs and stamp duty associated with transferring your property to your family members, there’s good news, our government has recently announced a stamp duty waiver. How much do you save if you transfer the…
Drink Driving in Malaysia a Criminal Offence?
Call Criminal Law Help Line ：+6012 697 7293 Drunk driving is a severe offence in Malaysia and is treated as a criminal offence. It basically means a person who drives a motor vehicle whilst the alcohol concentration in their blood, breath or urine exceeds the legal limits. The Legal Limits of drinking could be: (a)…
Effect of Divorce granted by the Court of other Jurisdiction
This article aims to discuss the procedures to enforce the divorce order granted by other jurisdictions (other country). For a civil marriage solemnized abroad and dissolved under the laws of a foreign country, one party or both parties to the marriage who is a citizen of Malaysia needs to obtain a declaration order from the…
Can Employer not Pay Employees for Overtime?
Due to the recent amendment of the Employment Act 1955 (“the Act”), there is an increasing concern among the employers regarding the payment of overtime. The employers are piled with the pressure to pay employees earning RM 4,000 or less with overtime allowance as this would undoubtedly raise the operational costs involved in business. Many…
Updates on Industrial Relations Act 1967
The Industrial Relations (Amendment) Act 2020 have made significant amendments to the Industrial Relations Act 1967, one of which is the deletion of section 33A of the Act and the introduction of section 33C to the Industrial Relations Act 1967. Previously under section 33A of the Industrial Relations Act 1967, any challenge towards the Industrial…
Foreign Law Firm / Foreign Lawyer in Malaysia
Can I Transfer or Sell the Property by Way of Power of Attorney?
What is Power of Attorney? Power of Attorney (“PA”) is a legal instrument where the Donor confers the authority to the Donee to act on behalf of him in the performance of specific acts. In order to create a valid PA, it must be executed before an advocate and solicitor or such other person as…
What can you anticipate during divorce: Division of Matrimonial Assets
Besides children’s guardianship and custody, division of matrimonial assets has become a trending topic in recent years, in view that the contribution made and the role played by women in family have become more substantial and recognised by the society. We have prepared some frequently-asked-questions and scenarios based on real-life cases, to provide our readers…
Whether The Special Holiday in State Level is Compulsory
Entitlement Holiday by An Employee the National Day; the Birthday of the Yang di-Pertuan Agong; the Birthday of the Ruler of the State or Yang-di-Pertua Negeri or Federal Territory in which the employee wholly or mainly works under his contract of service, or the Federal Territory Day; the Workers’ Day; and the Malaysia Day; and…
延长租赁契约 (Q&A)
什么是租赁产权？ 租赁产权是指该产业亦或者房屋建于政府土地之上并在取得政府同意之下可拥有以及使用该产业长达30，60亦或是99年之久。理论上来说如果租赁期逾期了， 而地主并没有及时向相关单位申请延长或是更新租期，那政府有权在任何时候收回该土地的所有权以及使用权 那该怎么更新租赁产权呢？ 地主可通过律师来提交申请去相关土地局。若地主想自行提交相关申请，所有的申请文件都需由律师见证同时地主需提交更多的相关文件，土地测绘图于相关土地局。在提交申请之前，地主须知该地契是否最终地契(final title). 最终地契是指该土地已经获得具体和最终测量并且在土地局以及在马来西亚测绘部都已有该地契的相关完整资料。我们常见的最终地契的例子有，Geran, Geran Mukim, Pajakan Negeri, Pajakan Mukim等等。如果地契并不是最终地契，那么需由律师提交最终地契申请于土地局及测绘部，并在转换最终地契之后才可申请更新租赁产权。这也是其中一个原因让更新租赁产权的过程更加繁冗漫长，有时批审结果可长达2年或以上之久 那我该什么时候提交更新租赁产权申请呢？ 我们强烈建议地主应当在租赁期少于30年时提交申请这是因为土地的价值往往会因为租赁期少于30年而被拉低影响。房产、土地的租赁期也会是银行考虑贷款多少以及批不批准的因素之一。 如果我拒绝提交更新租赁产权申请，会有什么后果呢？ 如上述所描写，租赁产权需要取得政府同意之下可拥有以及使用该产业。当租赁期逾期了之后，政府有权收回该产业并且开放于大众竞标。如果说在租赁期还有效的情况下政府收回该土地，政府往往会给予地主一笔可观的赔偿金。但在租赁期逾期并没有更新的情况下，政府有权在任何时候收回土地并不给予任何赔偿或减少赔偿不等。如果在租赁逾期之后才提交申请，政府也有权拒绝该申请亦或是提高的租金（premium）或罚款等等，有时租金或罚款金额甚至等同于该房屋的买卖价格。值得一提的是租金的多少是根据该土地更新当下的市场价值来计算。 那么租金多少呢？有没有什么隐藏费用需要注意？ 租金的多少是根据该土地更新当下的市场价值来计算。在申请更新的过程中，土地局须向政府估价局（JPPH）提价估价申请。详情可浏览我们官方网站，太阳报 （The Sun）专访。其余的费用还包括律师费，申请费用，会测局购图费用，以及其他等等。当然您可直接联络我们报价。我们会给您一个完整的报价。 我住的是公寓，那我要怎么更新租赁期呢？ 公寓或多层产权（Strata Title）的更新往往是由产业管理层 (management body)发起又或是在居民大会里表决来决定需不需要更新申请。更新费用将会由居民平分。 这么麻烦，那么我选择没有租赁期的房产 (freehold) 就好了不是吗？ 在马来亚半岛，所有的土地不管是有租赁产权或永久产权政府都可以收回该土地。唯一的差别是，租赁产权需要更新并且所有的转卖，转名，抵押都需政府同意。而在租赁期逾期的情况下，政府可直接收回土地并不给予任何赔偿于地主。相反，如果政府有意收回永久产权，赔偿是不可避免的。值得一提的是在马来亚半岛，有些永久产权也需要政府的同意之下才可买卖抵押。 若有任何疑问或需要法律咨询，请联系我们的律师。 This article is written by Toh Chin Lee Partners, Low & Partners Julene Ngui Yew Feng Legal Associate, Low & Partners
The Way to Reduce CKHT
Real Property Gain Tax, Any Discount on It? Real Property Gain Tax (“RPGT”) a tax levied by the Inland Revenue Board (IRB) on chargeable gains derived from the disposal of real property. As a vendor or a property investor, after informed by Inland Revenue Board that RPGT will be imposed on your sold property then…