The Companies Amendment Bill 2023 provides enhancements to the beneficial ownership of companies framework and will usher in stronger statutory footing to enforce beneficial ownership reporting.
Current Law
Section 2 of the Companies Act 2016 (CA 2016) only defines ‘beneficial
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9 Key Restructuring Insolvency Changes in Malaysia’s Companies Amendment Bill 2023
By Lee Shih
Malaysia’s Companies Amendment Bill 2023 has been tabled before Parliament’s House of Representatives (see Hansard for 10 October 2023). There will be a fuller Parliamentary debate towards the end of November 2023.
This article focuses on the 9 key…
Case Update: Federal Court Rules on Related Party Creditors in Scheme of Arrangement
By Lee Shih
The Federal Court in MDSA Resources Sdn Bhd v Adrian Sia Koon Leng has ruled on the issue of the votes of related-party creditors in a scheme of arrangement. This has an impact on the classification of related-party creditors for…
6 Recent Developments in Restructuring and Insolvency: Malaysia Insolvency Conference 2023
By Lee Shih
The Malaysia Insolvency Conference 2023 was held on 21 June 2023 and it made a return to a physical setting after 3 years. We saw a record turnout of attendees from the restructuring and insolvency community. I spoke at…
10 Laws for Malaysian Cyclists
By Lee Shih
I first started cycling on a road bike exactly a year ago. I am now an avid cyclist and I am out cycling every weekend and on some weeknights. I wanted to find out what are the applicable Malaysian road…
Court of Appeal: Abuse of process for an employee to claim compensation for wrongful dismissal via the civil courts instead of the Industrial Court
There has always been an unresolved question of whether a dismissed employee could bring a civil claim against his or her former employer, instead of or even in addition to a wrongful dismissal claim at the Industrial Court.
The courts…
Case Update: Dismissal of employee arrested by Malaysian Anti-Corruption Commission (MACC) deemed unfair
In this Case Update series, I share summaries of recent Malaysian court decisions to explore the current approach taken by the courts when deciding on employment-related issues. You can find all the posts in the series by clicking here,…
Anti-Sexual Harassment Act 2022: Several sections in force from 28 March 2023
Several sections of the Anti-Sexual Harassment Act 2022 (“the Act”) have come into force from 28 March 2023.
The Act, which was first tabled in Parliament in December 2021 (“Malaysia’s Anti-Sexual Harassment Bill tabled in Parliament”), passed by…
Can employers insist that employees working remotely return to the office?
One of the biggest changes to career and workplace culture as a result of the pandemic has been remote working. While the concept of remote working and the even more extreme “digital nomad” lifestyle is not new, there is no…
Case Update: Retrenchment deemed unfair due to flaws in selection process, lack of cost-cutting measures
In this Case Update series, I share summaries of recent Malaysian court decisions to explore the current approach taken by the courts when deciding on employment-related issues. You can find all the posts in the series by clicking here,…