There is currently uncertainty on determining ultimate effective control in the context of a beneficial owner of a company.
Companies, directors and the beneficial owners of companies have until the extended deadline of 30 September 2024 to lodge accurate beneficial
Lee Shih and Marcus van Geyzel
The Malaysian Lawyer is a legal publication focused on providing updates and analysis on Malaysian law, particularly in areas such as insolvency, corporate rescue, restructuring, and cross-border legal issues. It features articles, case updates, and commentary on legislative developments like the Cross-Border Insolvency Bill and the adoption of international frameworks such as the UNCITRAL Model Law. The publication also covers emerging legal challenges including AI-driven fraud and deepfakes, offering practical insights and guidance for legal professionals. It serves as a resource for lawyers, academics, and practitioners interested in Malaysian corporate and insolvency law, as well as related regulatory and procedural matters.
Website:
https://themalaysianlawyer.com
Latest from Lee Shih and Marcus van Geyzel - Page 2
Firing Up and Cooling Off the Restraining Order in Schemes of Arrangement
By Lee Shih
The Companies (Amendment) Act 2024 came into force on 1 April 2024. With the amendments, we see a strengthening of the restructuring and corporate rescue laws of Malaysia.
Among the different corporate rescue tools, schemes of arrangement had already been…
Largest Law Firms in Malaysia 2023
The Malaysian Lawyer continues with its annual listing of the largest law firms in Malaysia for the year 2023.
The statistics are as at 18 December 2023 and where the law firm is the aggregate of the number of lawyers…
Case Update: Court of Appeal Confirms Liquidator Cannot Grant Sanction for Legal Proceedings
By Lee Shih
On 16 November 2023, the Court of Appeal in Oren Venture Sdn Bhd v Small Medium Enterprise Development Bank Malaysia Berhad (Court of Appeal Civil Appeal No. W-02(IM)(MUA)-587-04/2022) upheld the High Court decision (reported at [2022] 12 MLJ 247 and where I…
Changes to Beneficial Ownership of Companies in the Companies Amendment Bill 2023
By Lee Shih
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…
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…