The Companies Act of 2016 brought about a significant transformation in Malaysia’s corporate landscape, introducing substantial changes to share par value, share capital increment, and the allotment of shares. This article provides a comprehensive analysis of these key aspects, offering a detailed overview of the current legal framework and its practical implications for businesses in Malaysia.

The death of a loved one is often an emotionally challenging time. Beyond the grief, there are legal and financial matters to attend to, often falling to the designated executor or administrator of the deceased’s estate. While this role is critical in ensuring the deceased’s wishes are fulfilled and assets are distributed correctly, it also carries the weight of potential personal liability . This article delves into the intricacies of personal liability for executors and administrators, exploring the definitions, legal frameworks, potential risks, and protective measures. Understanding these legal and financial responsibilities can alleviate some of the burden during an already difficult time, allowing executors and administrators to focus on fulfilling the deceased’s wishes.  

Vesting in estate refers to the legal process of transferring ownership of property from a deceased person to their beneficiaries. This process is crucial in ensuring the smooth and lawful distribution of assets according to the deceased’s wishes or the applicable laws of inheritance in Malaysia. This article provides a comprehensive overview of vesting in estate in Malaysia, covering its definition, types of estates, methods of vesting, legal requirements, recent developments, and potential tax implications.

In a significant ruling that highlights the foundational principles of Malaysian contract law, the Federal Court of Malaysia recently delivered a unanimous decision in the case of Kuala Dimensi Sdn Bhd (KDSB) v. Port Kelang Authority (PKA). The decision reaffirms the centrality of consideration in contract validity under the Contracts Act 1950 (CA) and underscores the cautious adoption of common law principles in Malaysian jurisprudence.

The Federal Court of Malaysia recently delivered a landmark judgment in Malayan Banking Berhad v. Mohd Affandi bin Ahmad & Aminah binti Ahmad, addressing pivotal issues of indefeasibility, good faith, and the investigative obligations of financial institutions under Malaysia’s Torrens system. By overturning earlier decisions from the High Court and the Court of Appeal, the Federal Court reinforced the principles underpinning the National Land Code (NLC), affirming the integrity and reliability of registered titles.

Malaysia, strategically located in Southeast Asia, has long been an attractive destination for foreign investment due to its stable political environment, robust economic growth, and investor-friendly policies. This article outlines the key legal considerations and procedural steps for foreign investors planning to establish a company or manufacturing operations in Malaysia.

While the Companies Act 2016 (CA 2016) provides a fundamental legal framework for companies in Malaysia, a shareholder agreement serves as a crucial complement, offering a tailored and comprehensive approach to govern the relationship between shareholders and the internal management of the company. This is particularly important for SMEs and startups where personal relationships often intertwine with business matters.

While the allure of venturing into business with a trusted friend or colleague can be strong, relying solely on goodwill and verbal agreements can be a recipe for disaster. In Malaysia, a well-drafted partnership agreement is not just a legal formality, but a crucial tool for establishing a strong foundation for your business, safeguarding the interests of all partners, and ensuring smooth sailing even when unexpected storms arise.

In Malaysia, writing a will is an essential step in ensuring that an individual’s assets and estate are distributed according to their wishes after their death. Unfortunately, many Malaysians still underestimate the importance of estate planning, often leading to unintended consequences for their families. The importance of drafting a will is highlighted by the consequences of dying intestate—without a will—where the estate is distributed according to statutory rules that may not align with the deceased’s intentions. This article will discuss the key reasons for drafting a will in Malaysia, supported by references from the Malaysian Bar Council.