TRANSFER VS TRANSMISSION: PASSING SHARES UPON DEATH
Posted on 8th October 2026
A shareholder in a family company dies. Her will divides her shares among her children, and probate is granted. The executor asks the company to register the children as members. The board replies that shares …
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EVIDENCE AFTER THE DECISION: WHAT “WITHOUT LEAVE” REALLY MEANS ON APPEAL
Posted on 1st October 2026
An appeal is rarely heard the week it is filed. Records have to be assembled, submissions exchanged, hearing dates found; and in the months this takes, the underlying dispute does not pause to wait. By …
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THE AI TRILEMMA: A CAUTIONARY NOTE FOR AI STRATEGIES
Posted on 24th April 2026
Managing Partner, Loong Caesar recently discussed an article published by Steven Okun, Founder and CEO of Singapore-based APAC Advisors, a public affairs consultancy working with clients on ESG, sustainability and stakeholder engagement. Prior to moving …
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CAN A SPECIAL RESOLUTION BE PASSED BY WRITTEN RESOLUTION OF MEMBERS?
Posted on 21st September 2023
It is permissible for a resolution of members of a private company to be passed by a written resolution.[1] This resolution shall be proposed as a written resolution by the Board of Directors or any …
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THE REGULATION OF LOANS MADE BETWEEN A RESIDENT AND A NON-RESIDENT
Posted on 14th September 2023
The Financial Services Act 2013 (‘FSA’) prohibits borrowing or lending in a foreign currency (‘FC’) between a resident and a non-resident[1] except with written approval of Bank Negara Malaysia (‘BNM’).[2] BNM is empowered under Section …
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THE PRICE OF LOVE AND AFFECTION – STAMP DUTY ON INTER VIVOS GIFTS
Posted on 7th September 2023
A gift “inter vivos” in Latin means a gift between the living which refers to a transfer or gift made during the transferor’s lifetime to a transferee. These gifts typically relate to property or an …
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MUST SHARE TRANSFERS BE IN A SPECIFIC PRESCRIBED FORM?
Posted on 16th August 2023
The previous Companies Act 1965 (‘‘CA 1965’’) served as the governing legislation for companies in Malaysia prior to the current Companies Act 2016. According to Section 103(1) of the CA 1965, a company could not …
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CAN A TRUSTEE DELEGATE ITS POWERS AND DUTIES?
Posted on 7th August 2023
Trustees’ powers and obligations are regulated under the Trustee Act 1949 (“the Act”) but this legislation must be read in tandem with common law principles that affect the duties of trustees and other persons acting …
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MALAYSIA’S EDUCATION CHALLENGE: SEEKING SOLUTIONS – Webinar 2
Posted on 7th September 2021
SCHEMES OF ARRANGEMENT
Posted on 29th July 2021
Given the current situation brought about by the coronavirus pandemic, the Malaysian economy has been badly affected with serious supply chain disruptions due to the nationwide lockdown. This has resulted in the tightening of companies’ …