From a legal perspective, having a shareholder agreement is paramount for protecting the interests of all parties involved in a company and here’s why: 1. Shareholder agreements provide CLARITY regarding the RIGHTS AND OBLIGATIONS of each shareholder. They outline issues such as voting rights, dividend entitlements, and procedures for decision-making. This clarity helps prevent disputes […]

CIPAA was introduced to address issues related to delayed payments and disputes within the construction industry. For CIPAA claims proper documentation is key for several reasons: 1. Documentation such as contracts, agreements, invoices, purchase orders and variation orders establish the terms and conditions agreed upon by both parties. These documents serve as evidence of contractual

Sunk cost is money or resources that have already been spent and cannot be recovered. In simple terms, imagine you bought a non-refundable concert ticket for RM 600, but on the day of the movie, you can’t make it. The RM 600 you spent on the ticket is sunk cost because you can’t get that

How does one protect his or her interest in a property that may be the subject matter of litigation? By lodging a private caveat. Under the Malaysian National Land Code 1965, a caveat is a legal notice to the Registrar to prevent any registration of dealings on a particular property without the caveator’s consent. There

It’s that midpoint in the year again! My clients who run businesses are checking in with us to review their legal standing, checking risks and compliance with relevant laws and regulations. Here are a few key areas to focus on: • Review Changes in Laws and Industry Specific Regulations Ensure your business complies with any

If you are a 2nd or 3rd generation business owner or if you’re a 1st generation business owner looking to hand over your legacy to the 2nd or 3rd generation of your family, then this articles will be helpful to you. Some necessary steps need to be taken, some risks must be considered and necessary

There are several injunctions that are named after landmark case laws, each carrying specific legal principles and criteria. These are landmark cases from English common law, which heavily influences the Malaysian legal system. Here’s a fun way to remember each of them: MAREVA INJUNCTION (THE ICE SPELL) YOUR ULTIMATE FREEZE SPELL- Culminating from the decision

Conflicts of interest arise when a lawyer’s obligations to one client are at odds with their obligations to another client, their own interests, or legal and ethical standards. Here’s a more detailed explanation: • The conflict may arise because the lawyer has duties to another client that are incompatible with representing you, potentially leading to

This is Part 2 of and a follow up to my previous post on the topic “Mastering Employer Accountability in Third Party Harassment Cases”. The answer is rather opaque. Strictly speaking under the Employment Act, there are no express laws that govern third party harassment. That said, we cannot take the position that an employer

There is no single legislation/statute that expressly deals with this issue, but we do have several laws that we must look at collectively (apart from common law) when addressing liabilities that arise for the company for example: 1) Employment Act 1955 and the Code of Practice on the Prevention and Eradication of Sexual Harassment in