Court of Appeal rules asset purchase agreement with deemed transfer provision constitutes “conveyance on sale” subject to ad valorem duty

5 February 2024

The Court of Appeal of Malaysia in Pemungut Duti Setem v Havi Logistics (M) Sdn Bhd [2024] 1 CLJ 79 considered whether an asset purchase agreement which provides for title to and risk in the acquired assets to be deemed to pass to the purchaser on closing of the asset purchase agreement constitutes a “conveyance on sale” chargeable with ad valorem duty as specified under item 32 of the First Schedule to the Stamp Act 1949.

To read the article, which provides an overview of the court’s decision, please click here.

This article was prepared with the assistance of Associate Emily Chew and Pupil Jane Chaw.