Category Archives: Article

Reminder by SC – What do you know about prospectus under CMSA?

Following a statement released by the Securities Commission Malaysia (SC) on 26 January 2021, which reminded the unlisted public companies to comply with requirements in SC’s prospectus guidelines and securities laws, we believe that the following information will be useful to the players.    What is a prospectus A prospectus[1] is a mechanism that invites…

Has COVID-19 ended Inter-state Case Transfer?

Technology reduces needs for transfer, encourages remote trials In Muhammad Hafidz bin Mohd Dusuki v Hassan bin Zulkifli[1], the defendant in a copyright infringement claim applied to transfer the case from Kuala Lumpur to Kota Bharu, on the following grounds: (1) alleged infringement in Tumpat, Kelantan; (2) defendant’s place of business and residence are both…

Do you need a licence from the SC to provide investment advice?

The Securities Commission Malaysia (SC) has recently issued a Guidance Note on Provision of Investment Advice[1]. Given the increasing number of self-proclaimed investment advisors, the Guidance Note clarifies situations where a person needs to be licensed by the SC to provide investment advice.    Licence from the SC is required A person needs to be…

Understanding the Proclamation of Emergency in Malaysia

On 11 January 2021, the Yang di-Pertuan Agong declared a nationwide state of emergency that will be enforced until 1 August 2021 (“Proclamation of Emergency”). To understand the effect of such proclamation, it is necessary to take a glimpse into the foundation of the Federal Constitution (“FC”).

New Procedure to Challenge an Industrial Court Award: Does it matter?

Effective 1 January 2021, some amendments(1) to the Industrial Relations Act 1967 (“IRA”) will come into force. The amendments, amongst others, introduce a new section 33C to provide for an appeal against the Industrial Court award to the High Court. In this article, we explain the procedure to challenge an Industrial Court award under the…