Asher Kok

Asher Kok

Summary Judgment Explained

Summary judgment under Order 14 of the Rules of Court 2012 allows plaintiffs to obtain a quick judgement without trial where the defendant has no arguable defence. It is a powerful procedural tool designed to save time and costs, but is subject to strict requirements, limitations, and judicial discretion to ensure fairness for both parties.

Voting On A Written Resolution – Voting Power vs Headcount

Section 291(1) of the Companies Act 2016 allows members of a company to pass ordinary resolutions by written means if approved by a simple majority of those entitled to vote. Malaysian courts have clarified that “more than half” refers to a majority of voting rights, not headcount, reinforcing that shareholding—not number of members—determines control in written resolutions.

What Are FIDIC Contracts?

FIDIC contracts are internationally recognised standard form agreements used in construction and engineering projects. Published by the Fédération Internationale Des Ingénieurs-Conseils, they provide a structured framework for allocating risk, defining responsibilities, and managing disputes. Widely used in large-scale and cross-border projects, FIDIC contracts offer a practical and balanced starting point for project delivery.

Who Are the Capital Market Regulators in Malaysia?

Malaysia’s capital markets are regulated by key authorities that ensure transparency, stability, and investor protection. The Securities Commission Malaysia oversees the overall framework, while Bursa Malaysia acts as the frontline regulator and marketplace. Together, they maintain orderly market operations and support business growth by enforcing rules, promoting good governance, and fostering confidence among investors and market participants.

Important Terms in a Commercial Tenancy Agreement

A commercial tenancy agreement contains key terms that can impact business operations. This guide highlights important clauses such as renewal rights, termination, maintenance, deposits, and renovations, helping tenants understand their obligations and avoid common pitfalls when leasing commercial property in Malaysia.

Patents Explained

Patents protect inventions by granting exclusive rights to their owners. In Malaysia, patents are governed by the Patents Act 1983 and require novelty, inventiveness, and industrial applicability. This overview explains what can be patented, how to apply, the duration of protection, and how patent rights are enforced, helping innovators safeguard their creations effectively.

Understanding Employment Laws in Malaysia: A Practical Overview

Malaysia’s employment laws are designed to balance business needs with employee protection. Key legislation such as the Employment Act 1955 and Industrial Relations Act 1967 governs workplace rights, wages, and dispute resolution. Understanding these laws helps employers remain compliant while ensuring employees are treated fairly, fostering a stable and harmonious working environment across industries in Malaysia.

Anti-Bribery and Anti-Corruption Laws in Malaysia

Malaysia’s anti-bribery and anti-corruption framework, governed by the MACC Act, criminalises bribery and imposes corporate liability under Section 17A. Organisations must implement robust compliance measures, including policies, risk assessments, monitoring, and training, to prevent corruption. Effective anti-corruption practices protect businesses from legal penalties, reputational damage, and support a culture of integrity and ethical business conduct.

What Is KYC?

KYC (Know Your Customer) is a key compliance process used to verify client identities, assess risk, and prevent financial crime. This article outlines the KYC framework, including onboarding, due diligence, risk assessment, and ongoing monitoring, helping businesses understand their obligations and implement effective controls to meet regulatory requirements and safeguard against money laundering and related risks.