Division of Assets After a Divorce If I get a divorce, do I automatically get 50% of the assets? According to the case of Yap Yen Piow v Hee Wee Eng [2016], there are three types asset/property for the purposes…
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Division of Assets After a Divorce If I get a divorce, do I automatically get 50% of the assets? According to the case of Yap Yen Piow v Hee Wee Eng [2016], there are three types asset/property for the purposes…
Determining the Proper Standard of Care for Doctors: Bolam/Bolitho Test In Zulhasnimar Hasan Basri v Dr Kuppu Velumani P (2017), the Federal Court clarified the distinction between a doctor’s duty in diagnosis and treatment (Bolam/Bolitho test), and the duty…
“Right To Be Forgotten” The General Data Protection Regulation (“GDPR”) is coming into force in the UK and the EU in May 2018. Under Article 17 of the GDPR, the “right to be forgotten” means “the right to obtain…
Is S.233 Communications and Multimedia Act (CMA) 1998 constitutional? In April 2016, Subang MP Sivarasa was charged under section 233 of the Communications and Multimedia Act (CMA) 1998 for initiating and sharing electronic communication which is offensive to Prime Minister…
The Right of Illegitimate Muslim Child to Carry Father’s Surname Background: The National Registration Department (NRD) uses the term “illegitimate child” for child born to unmarried couples. “Illegitimate child” also includes child born within six months of their Muslim…
5 Things to learn about the new Insolvency Act 1967 in Malaysia On 6 October 2017, the Bankruptcy (Amendment) Bill 2016 came into force, bringing about significant changes to bankruptcy regime in Malaysia. Note that the Bill renamed the…
Top 10 Tenancy/Lease Terms You Should Have Before Renting Tenancy is created for a term not exceeding three years, whereas leases are for period longer than 3 years. Tenancy at will is an agreement where a tenant occupies a property…
Case Update: Federal Court Clarifies the Extent of Directors’ Duties In Tengku Dato’ Ibrahim Petra bin Tengku Indra Petra V Petra Perdana Berhad (2017), the Federal Court had delivered a landmark judgment clarifying the division of power between shareholders and…
Pre-contractual Duty of Disclosure for Insurance Contracts In Malaysia, the insurance industry and its equivalent under Islamic law (ie: Takaful) are regulated by Bank Negara Malaysia under the Financial Services Act 2013 (“FSA”) and the Islamic Financial Services Act…
The Impact of Brexit on Financial Services in the UK On 23 June 2016, the UK electorate voted to leave the European Union in the Brexit referendum. This historic decision raises significant consequences for those financial institutions based in the…
An expanded scope for judicial challenges against arbitral awards In Far East Holdings Bhd & Ors v Majlis Ugama Islam dan Adat Resam Melayu Pahang (2017), the Federal Court made important some changes to Malaysian arbitration law: An expanded scope…
The Valuers, Appraisers and Estate Agents (Amendment) Act 2017 Passed The Valuers, Appraisers and Estate Agents (Amendment) Act 1981 has come into force on 2 Jan 2018. The primary aim of the Amendment Act is to expand the scope to…
Interest Rate for Credit Sales Capped At 15% From 1 Jan 2018 The Consumer Protection (Credit Sale) Regulations 2017 come into force on 1 January 2018. These Regulations apply to all registered businesses which involve in credit sale transactions,…
LLP: An alternative business structure to partnership or company Prior to the Limited Liability Partnership (LLP) Act 2012, entrepreneurs can either become sole traders, or form a partnership or set up a company. The LLP Act 2012 introduces an…
Upon mentioning ‘intellectual property’ (IP), many of you can relate it to terms such as trademark, patent and copyright. This article explains the difference in these terms to help you better understand and secure your IP rights. TRADEMARK What is…
Moving Towards Interoperable Credit Transfer in Malaysia Credit transfer means a payment service which allows a payer to instruct the institution with which the payer’s account is held to transfer funds to a beneficiary. For example, it is common that…
TAX EXEMPTION ON RENTAL INCOME FROM RESIDENTIAL HOMES RECEIVED BY MALAYSIAN RESIDENT INDIVIDUALS Current position Pursuant to section 4(d) of the Income Tax Act 1967, Malaysian individuals who lease out their residential homes must pay a progressive income tax ranging…
On 14th Dec 2017, Bank Negara Malaysia (“BNM”) has issued for public consultation an exposure draft on the invocation of reporting obligations on cryptocurrency exchange business as “reporting institutions” under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities…
In the Western countries, Initial Coin Offerings (ICOs) have emerged as a popular new form of fundraising.
Self-driving cars, also known as “autonomous cars”, are “smart cars” which can manoeuvre themselves on planned routes without human input.