The Malaysia Law Blog

Malaysia’s New Corporate Rescue Laws: Borrower Gain, Lender Pain?



8th August, 2016


By Malaysian Lawyer


This is my article on my column Raising the Bar published on 4 August 2016 in The Malaysian Reserve (in association with the International New York Times). Continue Reading





AskTML: Our Go-To Mobile Apps.



3rd August, 2016


By Malaysian Lawyer


This is the second post in the AskTML series. Do read the first post on Productivity hacks for working professionals. Thanks to all of you who have submitted questions; we have quite a few in the queue to be answered now. Continue Reading




A Serious Threat To The Independence Of The Malaysian Bar.



1st August, 2016


By Malaysian Lawyer


On 27 May 2016, the President of the Malaysian Bar issued a Circular to members of the Malaysian Bar (“Proposal to Amend the Legal Profession Act 1976 is a Severe Threat to the Independence of the Malaysian Bar“). The Circular informed members that the Bar Council had been notified by the Attorney General’s Chambers that the Government intends to pursue drastic amendments to the Legal Profession Act 1976 (“LPA”), and that those amendments “pose a serious threat to the independence of the Malaysian Bar, and are an unwarranted interference into the self-regulation and internal management of the Malaysian Bar”. Continue Reading




AskTML: Productivity Hacks For Working Professionals.



27th July, 2016


By Malaysian Lawyer


Since we launched The Malaysian Lawyer in October 2015, we’ve received a steady stream of requests to feature or write about particular topics. Continue Reading




Tips From The BurgieLaw Startup Legal Conference.



25th July, 2016


By Malaysian Lawyer


I spoke at the BurgieLaw Startup Legal Conference 2016 at MaGIC, Cyberjaya. It was an interesting and lively conference, bringing together startups and investors. Continue Reading




1MDB – USA vs The Wolf Of Wall Street: The TL;DR Version.



21st July, 2016


By Malaysian Lawyer


Kleptocracy: a government where those in power have stolen from the rest of people to make themselves rich. This term gives an indication of the circumstances surrounding the misappropriated funds of 1MDB. Contiune Reading




A Grand Slam: The Sports Law Association Of Malaysia



18th July, 2016


By Malaysian Lawyer


The Malaysian Lawyer interviewed Richard Wee, sports lawyer and Deputy President of the Sports Law Association of Malaysia. We wanted to find out more about the area of sports law and of this new association. There are lots of exciting plans for the future and it looks like the development of sports law can only skyrocket. Continue Reading




The Malaysian Lawyer Proudly Supports TEDxKL 2016.



12th July, 2016


By Malaysian Lawyer


The Malaysian Lawyer is proud to support TEDxKL 2016 which will be held on 20 August 2016. Read further below to get an exclusive The Malaysian Lawyer promo code for a RM60 discount off the ticket price. Continue Reading




Reflections Of A First-Time Law Intern.



11th July, 2016


By Malaysian Lawyer


Guest writer Wong Yen Ni shares her thoughts on law firm internships. She spent June at Donovan & Ho, and is spending July at Peter Ling & van Geyzel, ahead of entering her second year of law at The University of Leeds. Continue Reading




Malaysian Employment Law Section On The Eversheds Global App.



5th July, 2016


By Malaysian Lawyer


I’m happy to share that I contributed the Malaysian content for the Eversheds Global employment law app. Continue Reading




7 Tips To Make The Most Of Your Law Firm Internship.



28th June, 2016


By Malaysian Lawyer


It’s the season for law firm internships — the June to August ‘summer break’ for many law schools. A few years ago, a law graduate who had one or two internships on her CV would stand out. These days, internships are the norm, and a graduate who does not have any work experience is an anomaly. Continue Reading




The Malaysian Lawyer In The Media.



27th June, 2016


By Malaysian Lawyer


Early on in my legal practice, I thought to myself that I would like to one day be featured in one of the business dailies. I wanted to work hard so that I had enough knowledge to share my views. Continue Reading




Important Changes To Malaysian Law For Employers And Employees.



23rd June, 2016


By Malaysian Lawyer


June and July 2016 will see two changes to Malaysian law which will have an impact on many employers and employees. Continue Reading




Malaysian Bar Council’s Scrutiny Of Dragon Law Continues Legal Innovation Debate.



15th June, 2016


By Malaysian Lawyer


On 1 June 2016, legal startup Dragon Law announced its entry into the Malaysian market, with a promotional launch offer of free access to their suite of legal documents for a limited time. Dragon Law first launched in Hong Kong in January 2015, and in Singapore in the second half of 2015. Continue Reading




Interview On Focus Malaysia: New Law Gives Minorities, Auditors More Clout.



6th June, 2016


By Malaysian Lawyer


I was interviewed by Focus Malaysia and was featured in their 4 June issue. The article was titled ‘New law gives minorities, auditors more clout’. Continue Reading




Don’t Be Penny-Wise Startups.



30th May, 2016


By Malaysian Lawyer


Earlier on 9 May, a few of us were at MaGIC for the BurgieLaw fireside chat to share our legal tips to startups. The Star then interviewed us for their article on ‘Don’t be penny-wise, startups: lawyers‘. I will feature some of my quotes further down below. But in particular, I emphasised to the reporter that: Continue Reading




BFM Interview: Companies Bill 2015 – A Big Bang Approach. 



26th May, 2016


By Malaysian Lawyer


About two weeks ago, I had a pre-recorded interview with BFM to share my views on the new Companies Bill 2015.

This morning, the segment was aired as part of its Current Affairs series. You can click here to listen to the podcast. Continue Reading




The Hotshot Series: The Legal Line — The Ultimate Compendium For Aspiring Hotshot Lawyers.




















11th May, 2016


By Malaysian Lawyer


“Justice, Courts and Wigs” — That is what most of the bright eyed high school graduates would think about our overglamourised profession with the proliferation of dramas such as Damages and Suits. This perception translates into a generation of law students who got into law school and instantly realised that this profession is not for them. Continue Reading




What These 6 Businesses Did Right About Intellectual Property (Part 2).


9th May, 2016


By Malaysian Lawyer


The whole idea of the patent system is aimed at encouraging innovation, and NASA understands this very well.
Last year, NASA opened up an array of their patented technology to be licensed out on a non-exclusive basis to start ups with the aim of encouraging the growth of high-tech businesses and advancing American innovation. Continue Reading




What These 6 Businesses Did Right About Intellectual Property (Part 1).



5th May, 2016


By Malaysian Lawyer


We have heard countless times that patent protection can be costly. Indeed, to reap the rewards and return of investment from your patented product, you need to ensure that your patent has actual commercial value. In other words, you must study whether there is a consumer market need and demand for such a technology. Continue Read




Trans-Pacific Partnership And Intellectual Property: 4 Things You Should Know.



27th April, 2016


By Malaysian Lawyer


With our social media feed flooded with so much anti Trans-Pacific Partnership (TPP) literature attacking this contentious trade agreement in recent months, it can be extremely tempting to jump onto the anti-TPP bandwagon. The most highly contested component of the TPP is no doubt its intellectual property chapter. But how will this highly debated chapter affect the intellectual property protection regime in Malaysia? Continue Reading




3 Things Companies Should Prepare For Under the Companies Bill



20th April, 2016


By Malaysian Lawyer


After my earlier introduction and summary of the new Companies Bill, I will be writing a series of articles on the new Companies Bill. I aim to release an article every few weeks or so, touching on the different areas of the new law. For ease of reference, I will continue to refer to it as the Companies Bill and insert the clause references in brackets. Continue Reading




How To Register Your Intellectual Property For FREE!



18 April, 2016


By Malaysian Lawyer


Good news! To all those out there who are looking for funding specifically to apply for Intellectual Property Rights (IPRs), your prayers and wishes have just come true! Contiune Reading




Submissions open for the TrustLaw Index of Pro Bono 2016


13th April, 2016


By Malaysian Lawyer


Submissions are open for the 3rd edition of the TrustLaw Index of Pro Bono, the world’s leading global pro bono survey. Continue Reading




Appearance on Bloomberg TV: Suits meets The Newsroom



13th April, 2016


By Shih LeeMalaysian Lawyer


Bloomberg Malaysia came across my earlier TML post on the Companies Bill and invited me on their show  to have a short chat. I was a bit nervous leading up to it, with it being my first TV interview. But I am glad I got to share my views on the new Bill. Continue Reading



The Malaysian Lawyer Wins at ALB Malaysia Awards – Malaysia’s Legal Oscars 



11th April, 2016


By Malaysian Lawyer


On 7 April 2016, The Malaysian Lawyers, Marcus van Geyzel and Lee Shih, attended the Asian Legal Business Malaysia Law Awards 2017 held at Intercontinental Hotel. In its third year, these awards are the equivalent of the Oscars for the Malaysian legal sector, giving recognition to the work done by the lawyers from private practice and as in-house lawyers. Continue Reading




Malaysia’s Companies Bill Passed: The 7 Upcoming Changes



5th April 2016


By Shih LeeMalaysian Lawyer


Parliament passed the Companies Bill 2015 this evening. It was first tabled for Second Reading on Thursday 31 March 2016 and Parliament continued and concluded its debate on 4 April 2016. [edit: The Dewan Rakyat passed the Bill and it will now be presented to the Dewan Negara during its session from 18 April to 4 May 2016.] Continue Reading




Have coffee with The Malaysian Lawyers!


23rd March, 2016


Careers website Office Parrots are kicking off a new ‘OP Kopi’ feature, and the founders of The Malaysian Lawyer have the honour of being the first invited guests. Continue Reading




Lee Shih and Marcus van Geyzel nominated as ‘Young Lawyer of the Year’ at ALB Awards.


14th March, 2016


We’ve received the news that both the lawyers behind The Malaysian Lawyer have been nominated in the ‘Young Lawyer of the Year’ category for the upcoming ALB Malaysia Law Awards 2016 organised by Asian Legal Business. Continue Reading




Conventus Law meets The Malaysian Lawyers!



8th March, 2016


We had a great time this week, as Stephen Lai, the Managing Director of Hong Kong-based Conventus Law visited the Kuala Lumpur offices of each of the co-founders of The Malaysian Lawyer. Continue Reading




3 Pitfalls that directors may face in winding up



7th March, 2016


By Shih LeeMalaysian Lawyer


In my earlier post, I had set out a summary of the winding up law in Malaysia. Now, I touch on the three possible pitfalls and liabilities which directors may face if their company is wound up.  The list is by no means exhaustive but I will only deal with three topics: Continue Reading



5 dangerous intellectual property mistakes that might kill your startup



By Marcus van GeyzelMalaysian Lawyer


26th February, 2016


The last few years saw a proliferation of startups in Malaysia. You can eat your Dah Makan lunchbox, then GrabCar to your KFit class decked in your Ash Be Nimble active wear. If you are an aspiring entrepreneur or the founder of a fresh startup, you must be extremely careful when navigating the intellectual property minefield, and not overlook the importance of securing the intellectual property rights of your business. Continue Reading




The inaugural inter-firm drinks



22nd February, 2016


Friday 19 February 2016 saw more than 200 lawyers and pupils attend the inaugural Inter-Firm Drinks at The Rabbit Hole at Changkat Bukit Bintang. The attendees met up with old friends and made new ones at this event organised by a group of small law firms. This was an event open to all lawyers and pupils. I hope that this will be an annual tradition moving ahead. Helps bring people closer together and meet other fellow members of the Bar. Contiune Reading



10 tips on building an awesome legal career



By Marcus van GeyzelMalaysian Lawyer


18th February, 2016


There is a vast number of lawyers in Malaysia (at last count, there are 16,104 of us), with an ever-increasing number of law graduates coming into the market every year. Continue Reading




Credit Reporting Agency Sued For Defamation



5th February, 2016


By Shih LeeMalaysian Lawyer


In an interesting recent Court of Appeal decision (Grounds of Judgment dated 3 February 2016), the Court of Appeal allowed a defamation action against CTOS. Continue Reading




Closing Down a Company: Winding Up Law in Malaysia



4th February, 2016


By Shih LeeMalaysian Lawyer


The winding up of a company is the process of bringing an end to a company. The company’s assets are sold off and then used to pay off the company’s debts. Any excess proceeds are then returned to the shareholders of the company. Continue Reading




What You Need To Know About The Law On Retrenchment Of Employees



By Marcus van GeyzelMalaysian Lawyer


24th January, 2016


There has been a wave of retrenchments in Malaysia, which started last year and looks to continue through 2016. Malaysia’s Human Resources Minister says that his ministry expects retrenchments to continue into 2017. Continue Reading




Handing Employee Dismissals Properly Under Malaysian Law



14th January, 2016


By Marcus van GeyzelMalaysian Lawyer


In this series, we have addressed the general employment law backdrop in Malaysia, legal issues when hiring employees, and how to ensure good employee management. This post will discuss the end of the employment life cycle — the termination of the employment contract, or dismissal. Continue Reading




Ensuring Proper Employee Management From A Legal Perspective



13th January, 2016


By Marcus van GeyzelMalaysian Lawyer


This post is the second in a three-part series on employment law. Flowing on from the introduction (What employers need to know about employment law in Malaysia) and the first part (Legal considerations when hiring employees in Malaysia), this post considers the issues involved in managing employees. Continue Reading




Legal considerations when hiring employees in Malaysia



12th January, 2016


By Marcus van GeyzelMalaysian Lawyer


Following the previous post — What Malaysian employers need to know about employment law — which was an introduction to this series, this is the first in a three-part series on employment law. This post focuses on hiring employees. Continue Reading​




What Malaysian Employers Need To Know About Employment Law.



11th January, 2016


By Marcus van GeyzelMalaysian Lawyer


The Malaysian law governing industrial relations — or employment law — has a reputation for being overly-friendly to employees. Continue Reading




Turning the page: 2015-2016



7th January, 2016


By Marcus van GeyzelMalaysian Lawyer


2015 has been a fun ride. It’s always interesting to reflect on the year that has gone by — January 2015 seems a lifetime ago now, and it’s the events that took place in the second half of the year that immediately spring to mind. Contiune Reading




Law For Startups — Look Out For Common Contractual Landmines



7th January, 2016


By Marcus van GeyzelMalaysian Lawyer


This post is the final post in a series based on my Law for Startups workshop at MaGIC in September 2015. It’s a basic introduction to legalities for startup founders. Contiune Reading




The Litigation Drinks



19th December, 2015


By Shih LeeMalaysian Lawyer


Towards the end of each year, one of the law firms in Kuala Lumpur will host the ‘Litigation Drinks.’ It is an occasion to bring together members of the litigation Bar closer together, to enjoy in the camaraderie of being fellow members of the Bar despite a year of crossing swords in the courts. I write briefly about the history of the litigation drinks and also feature pictures from this year’s drinks hosted by Skrine. Continue Reading




How to Slay a Dragon – Shareholder Remedies in Malaysia



19 December, 2015


By Shih LeeMalaysian Lawyer


Within the corporate sphere, there is an ever-present tension between majority rule, where the majority shareholders are allowed to dominate the decision-making process, and that of protection of minority shareholders. Where majority rule is abused and is wielded in the majority’s self-interest rather than the interest of the company, then the minority shareholder may be able to seek court intervention for relief. Continue Reading




Limited Liability Partnerships for Lawyers – A Long Wait



25th November, 2015


By Shih LeeMalaysian Lawyer


The Limited Liability Partnerships Act 2012 came into force in  Malaysia on 26 December 2012. Limited liability partnerships (LLPs) is a useful business vehicle which combines the characteristics of a partnership and a company. Continue Reading



How Startups Can Strive For Clarity In Contracts.



11th November, 2015


By Marcus van GeyzelMalaysian Lawyer


This post is a part of a series based on my Law for Startups workshop at MaGIC in September 2015. It’s a basic introduction to legalities for startup founders. You can access the slides here. Continue Reading




The Shadow Director: Mr President, Mr Jello and 1ABC



10th November, 2015


By Shih Lee, Malaysian Lawyer


In this article, I try to explain the principles applicable to a shadow director and the consequences that follow.
In law, the term de jure director means a ‘director as of right’ and is an individual who has been formally appointed as a director of a company. So, the individual’s office as a director is of public record. Continue Reading