Jurisprudentia Q1 January - March 2021

22 April 2021

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COVID-19 

Emergency ordinance on fake news in force from 12 March 2021

COVID-19 Response: Malaysia’s PERMAI Assistance Package

Various subsidiary legislation under Prevention and Control of Infectious Diseases Act 1988 issued on 13 January 2021

Arbitration

Federal Court holds arbitrator may draw on own knowledge and expertise to determine loss of profit suffered by subcontractor owing to wrongful termination of contract

Federal Court sets out guiding principles on setting aside arbitral awards on grounds of breach of natural justice

Banking & Finance  

Exemption from stamp duty for specified instruments executed between 1 March 2020 and 31 December 2021

Financial Services Act 2013, Islamic Financial Services Act 2013 and Development Financial Institutions Act 2002 amended to permit additional disclosures

Ministry of Housing and Local Government issues guidelines that allow licensed moneylenders to provide loans online from May 2021

Capital Markets

SRI sukuk and bond grant scheme expanded to encourage capital market fundraising for sustainable development

Securities Commission and Bursa Malaysia to grant waiver for companies seeking to list

Bursa Malaysia amends Main Market and ACE Market Listing Requirements on public security holding spread

Competition 

Malaysia Competition Commission imposes RM10.3 million fine on Dagang Net

Corporate & Commercial

Mergers or acquisitions of SMEs exempt from stamp duty from 1 July 2020 to 31 December 2021

Malaysian Anti-Corruption Commission announces first corporate liability charge in relation to bribery

Federal Court dismisses appeal on whether guidelines issued by Labuan Financial Services Authority were ultra vires section 7(6) of Labuan Companies Act 1990

Employment

Amendments to Employees’ Minimum Standards of Housing, Accommodations and Amenities Act 1990 in force

Industrial Relations Act 1967 amended to expedite dispute resolution processes

Court of Appeal holds that an injured employee has right to claim aggravated and exemplary damages for employer’s gross negligence

Court of Appeal lays down principles on retrenchment of employees

Real Estate 

Federal Court holds date of calculation of liquidated agreed damages begins from date of payment of booking fee

Federal Court dismisses appeal on compulsory acquisition of lands under Land Acquisition Act 1960

Restructuring & Insolvency 

Federal Court holds filing of ex parte application to obtain orders for arrangement under Companies Act 2016 not an abuse of process

Deals

Financing for the development of six-megawatt data centre

Medium term notes programme of up to RM450 million in nominal value by Impian Ekspresi Sdn. Bhd.

Acquisition of Tesco’s businesses in Thailand and Malaysia by Charoen Pokphand Group

Advising Malaysian Rail Link Berhad in relation to East Coast Rail Link Project Malaysia

Advising MRT Services Sdn Bhd in relation to Cross-Border Rapid Transit System, Malaysia-Singapore

News

Rahmat Lim & Partners announces admission of new Partners 2021

Awards & Rankings 

Rahmat Lim & Partners and its network firms continue to be recognised as leading law firms in South-east Asia in The Legal 500 Asia Pacific 2021

Rahmat Lim & Partners wins Green Project Deal of the Year award at Islamic Finance News Deals of the Year 2020

Rahmat Lim & Partners’ Intellectual Property Practice continues to be ranked as a leading practice in World Trademark Review 1000 2021

Rahmat Lim & Partners achieves Tier 1 ranking in the Asia IP Copyright Survey 2021