In relation to land and property rights in Malaysia, our country adopts the Torrens System, where registration is its cornerstone. S340(1) of the National Land Code provides that “the title or interest of any person or body for the time being registered as proprietor of any land, or in whose name any lease, charge or...
Introduction The Federal Constitution guarantees one’s right to ownership of property where private property cannot be compulsory acquired unless there is such law that allows the acquisition, accompanied with adequate compensation being paid to the deprived owner. By this, we should take note that our constitutional rights of ownership are not absolute. With the implementation...
Winding up is a process in which the existence of a company is brought to an end, where assets of a company are collected and realized by a legally appointed liquidator. The proceeds collected will be used to discharge the company’s debt and liabilities. There are two types and/or modes of winding-up as pursuant to...
On 11 March 2020, the World Health Organisation (“WHO”) finally declared the latest coronavirus (“COVID-19”) a worldwide pandemic, affecting 200countries and causing tens of thousands of deaths to-date. Due to the surging numbers of COVID-19 cases in Malaysia since the start of 2020, the Malaysian Government issued a “Movement Control Order” (“MCO”) from 18th March 2020...
The Construction Industry Payment and Adjudication Act (CIPAA) 2012 is an act that resolves cash flow problems in the construction industry by providing a remedy for debt recovery from the non-paying party. CIPAA applies only when the following four requirements are fulfilled: (i) a contractual relationship; (ii) via written construction contract; (iii) relating to a...
Due to the recent outbreak of coronavirus disease (“COVID-19”), the Malaysian government has implemented a Movement Control Order (“MCO”) from 18 March 2020 until 14 April 2020 (“Restriction Period”) under the Prevention and Control of Infectious Diseases Act 1988 and Police Act 1967. As a result of the MCO and the impact of COVID-19 on society, many companies...
The Limited Liability Partnership (“LLP”) is an alternative business vehicle that has been made available to entrepreneurs and investors in addition to the traditional options of carrying on a business either by way of common sole proprietorships, partnerships or companies. Entrepreneurs and investors can set up an LLP to run a business when there are...
Ramai dalam kalangan orang Islam menganggap menulis wasiat adalah perkara yang tidak begitu penting dalam menguruskan perancangan harta di masa hadapan. Maka, tidak hairanlah dilaporkan ramai orang Islam tidak membuat persiapan menulis wasiat kerana beranggapan urusan harta diletakkan di bawah faraid sahaja. Penulisan wasiat seharusnya perlu dilakukan mulai dari sekarang iaitu semasa hayat masih ada...
Goods and Services Tax (GST) is a multi-stage tax, which replaces the Government Sales Tax and the Service Tax. GST is charged on all taxable supplies of goods and services in Malaysia unless specifically exempted. GST is charged to a registered person who registered under the Goods and Services Tax Act 2014 when there are...
PERSONAL DATA PROTECTION – The 2015 Standard Following the enforcement of the Personal Data Protection Act 2010 (“PDPA”) on 15 November 2013, many questions were raised in respect to the practical implementation of the PDPA’s requirements and what the benchmark for compliance is. In response to such queries, the Ministry of Communications and Multimedia of...