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What’s Probate and Letter of Administration/ Estate? What’s the Process Flow of Estate Administration?
Introduction- Dies with a Will/ Or Without a Will This article provides a brief outline on the process of probate and the steps that a person with interest should take if he or she is looking...
Land Acquisition in Malaysia: An Overview
Introduction Persons interested in a land are often being caught unaware of their rights when their lands are being earmarked for acquisition. In this piece, we will try to simplify the relevant issues and the...
Conclusive Evidence Clause and Certificate of Indebtedness
It is not uncommon to find a term in an agreement granting certain banking facility that goes along the line that any statement or certificate signed by an officer of the bank shall be the...
Without Prejudice Communication
It is not uncommon for a document to be labeled as “without prejudice”, with the intention of preventing the recipient from using the document as evidence in court. The label is typically slapped on without...
Traveling Overseas: Right or Privilege?
We have often taken for granted that we can easily apply for a passport. However, can the Government refuse to grant you a passport?
Guarantee and Indemnity
It is quite common for a person to guarantee a loan taken by another person. For example:
Little Known Sexual Crimes in the Malaysian Penal Code
In a modern and free society, it is almost inconceivable that the government would take an interest on what consenting adults do in their bedroom.
Malaysian Legal System in 60 Seconds
Malaysia practices dual legal system, generally categorized as civil law (a misnomer, I personally think it should called secular law as “civil law” refers to another type of legal system in the world) and Islamic...
I Received a Writ and a Statement of Claim, What Should I Do? – The typical court process in civil cases
When you received a Writ and Statement of Claim, it basically means someone has sued you (let’s call him the “Plaintiff”). You have 14 days to enter your appearance i.e. to tell the court and...
All you need to know about Real Property Gains Tax (RPGT)
The 2019 Real Property Gains Tax rates are a significant factor for consideration to anyone who owns a property and intends to profit from its sale The Real Property Gains Tax (“RPGT”) in Malaysia is...
How long does it take for a sale and purchase of a property to be completed?
Have you ever wondered how long it takes for sale and purchase agreements to be completed? Does it frustrate you in situations where delays cost you late payment interests as a Purchaser? Before purchasing a property, you need to consider the time...
Nightmare on Tenant Street: How to Protect Your Rights as a Landlord?
Tenancy can no doubt generate a passive income for you. However, a bad tenant may turn your property investment into a nightmare. If a tenant refuses to pay rent but continues to stay on the...
Things to Look Out for In A Loan Agreement
For first time home buyers, there is nothing more confusing than to sign up for your first housing loan. After your housing loan application has been approved by the bank of your choice and before...
Land Title Search: What, Why and How?
Malaysia follows the system of registration of title and hence the title is everything. This means that legality of the property and the legality of the vendor is spelt out in the title itself. The first thing...
How To Launch ICO (Initial Coin Offerings) in Malaysia Legally?
As Bank Negara Malaysian (BNM) and Securities Commission Malaysia (SC) have issued a cease-and-desist letter to CopyCashCoin in its attempt to launch an ICO (Initial Coin Offerings) in Malaysia in January 2018, the question remaining...
Right to Vote in Malaysia: Can My Employer Refuse to Approve My Leave?
The 14th General Election (“GE14”) is before us. However, the Election Commission has fixed the polling to be held on 9th May 2018, a Wednesday. At the time of writing, there is no indication from the caretaker...
Key Changes About The New Companies Act In Malaysia
Q: What are the key highlights of the changes for the newly implemented Companies Act 2016 compared to the old Act? Under the Companies Act 1965 (“Old Act”), a memorandum and articles of association (“M&A”)...
Shareholders Agreement
Q: What are the differences between shareholders and directors? A shareholder or member owns a company by holding its shares. A director manages the company. A director does not have to be a shareholder and...
Important notes you should know about companies in Malaysia
Q: I would like to issue shares to other potential investors to invest in my company, how could I do it? Private companies In general, for allotment of new shares of a private company to...
Tenancy Agreement in Malaysia
Q: How do I calculate the legal fee for tenancy agreement? The standard legal fees chargeable for tenancy agreement are as follows:- First RM 10,000 rental – 25% of the monthly rent Next RM 90000...
Probate and Letter of Administration
Q: What is probate? Probate is the legal process of proving the last will of a deceased person to the court is valid and enforceable. The executor would need to obtain the grant of probate...
Will in Malaysia
Q: What is a will? A will is a legal document which a person, namely the testator, indicates his arrangement regarding to distribution of his property upon death and the care of any minor children....
Divorce Proceedings in Malaysia
How to I get Divorce? If both parties agree to the divorce and terms, they may get a lawyer to file a Joint Petition. The Joint petition must state: Details of marriage and children, if...
Business Type in Malaysia
Q: What are the main vehicles used in Malaysia to establish a business? There are 3 types of business entities one can choose from to start up a business in Malaysia, namely: Sole proprietorship Partnership...
Buy Sell Agreement – Business
Importance of having an agreement for sale of business Business or asset sale is common in Malaysia. Sale of a business usually includes the assets of the business as well unless otherwise negotiated by the...