Going Concern Or Scrap

持续经营或拆解出售 Why is it more worthwhile to sell the company as a going concern rather than selling the assets as scrap? To discuss this question, we need to know what sale of going concern and sale of assets are as well as how these two different with each other. 为什么以持续经营来出售公司比将公司拆解出售资产更有价值? 为了讨论这个问题Read More…

The Value of Hearsay Evidence in Court

中文版 Versi Bahasa What is Hearsay in Court? General RuleThe cardinal rule in respect of oral evidence is that provided for in Section 60 Evidence Act 1950 (“EA 1950”). Under this section, oral evidence must be direct i.e. the testimony must be of the person who perceived the fact through medium of his own senses [1]. Direct evidence can be categorized into three categories:Read More…

Can rent be recovered under the COVID 19 Act 2020

COVID-19 Act came into operation from  October 23,  2020 and shall continue to remain in operation
for some time  except where the date of
commencement and period of operation have been provided in respect of the
respective Parts in this Act. CONTRACTUAL DUTIES Section 7 of the COVID-19 Act prevents another contracting
party (landlord/ lessor for non-residential immovable prRead More…

Statutory Declaration substitute witness giving oral evidence

Versi Bahasa 中文版 What is the position of using Statutory Declaration to substitute witness giving oral evidence in Court What is a Statutory Declaration (SD) SD in Malaysia is governed under the Statutory Declaration Act 1960. The laws were enacted because it was necessary in many cases to require declarations in confirmation of written instruments or allegations, or proof of deRead More…

Online Hearings in 2020 Jasmine Ha

IntroductionDue to the Covid-19 pandemic and the movement control order being imposed and implemented in Malaysia, the courts face several difficulties when it comes to conducting physical hearings and trials. To overcome this issue, some changes have been made in regards to the manner the hearings and trials would be conducted in the near future. That being said, Hearings and trials are being coRead More…

Online Hearings in Court – A New Era in the Covid 19 Pandemic

Courts of Judicature (Amendment) Act 2020, Subordinate Courts (Amendment) Act 2020 And Subordinate Courts Rules (Amendment) Act 2020 The long awaited amendments to the Court
of Judicature Act 1964 (CJA 1964), Subordinate Courts Act 1948 (SCA 1948)
and Subordinate
Courts Rules Act 1955 (SCRA 1955) have finally been gazetted. They are Act
A1621 – Courts of Judicature (Amendment) Act 2020, Act Read More…

Affidavit Verifying the Companies Winding Up Petition

Versi Bahasa 中文版 The Petitioner must file an affidavit verifying all the facts in the petition, if the petitioner is a company by an officer of the company otherwise it should be affirmed/ signed  by the petitioner himself, if it an individual. This Affidavit Verifying the Companies Winding Up Petition, must be filed within 4 days of the filing of the Companies Winding UpRead More…

discharge bankruptcy

Discharge of Bankruptcy at the Discretion of DGI S33A and 33B Insolvency Act and Case Study

The Act in brief [1]
S33A of Insolvency Act confers the power of discharge of bankrupt to Director
General of Insolvency (DGI). The section says that as the DGI may, in his
discretion but subject to section 33B, issue a certificate discharging a
bankrupt from bankruptcy after five years of the adjudgment of bankruptcy
order. [2]
A notice of his intention to issue the certificate should be Read More…

Going concern or scrap

中文版 Why is it more worthwhile to sell the company as a going concern rather than selling the assets as scrap? To discuss this question,
we need to know what sale of going concern and sale of assets are as well as
how these two different with each other.             Going concern is a business which is
still operating. AccordinRead More…

Winding up period extended 21 days 6 months

You Can Issue a Demand but you must wait 6 months to sue Versi Bahasa Malaysia 中文版 Nuclear Bomb  1 During the Movement Control Order (MCO), on April 10, 2020, our Minister of Domestic Trade and Consumer Affairs, the Honourable Datuk Alexander Nanta Linggi  struck  a nuclear bomb into the hearts of millions of creditors in the country:   you can issue a StatuRead More…

An Opportunity to Witness the Execution of a Writ of Seizure and Sale by Tan Jo Lynn

中文版 Enforcement of Judgment Sum via Writ of Seizure & Sale (WSS) Once judgment is obtained in your favour against
the Judgment Debtor, the Judgment Debtor shall obey the terms of judgment and
where debt and other costs are to be paid by the Judgment Debtor, the party
shall settle the judgment sum. Upon failure to do so, the Judgment Creditor may
file an application for writ of seiRead More…

The Risks of Foreign Companies Starting Business Venture in Malaysia – Yong Jei Beng

The Risks of Foreign Companies Starting Business Venture in Malaysia
中文版Versi Bahasa Malaysia
A Chinese Company (“C”) was lured by a company that is incorporated in Malaysia(“M”) to expend his business to Malaysia. C agreed to it and hence incorporated  his company in Malaysia before  entering into a fixed term contract (“Contract”) with M, as the exclusive subcontraRead More…

Kod pemakaian di Mahkamah bagi Peguam dan Orang Awam Kuala Lumpur Malaysia

Kod pemakaian di Mahkamah bagi Peguam dan Orang Awam Kuala Lumpur Malaysia
Dress Code Court Attire Lawyers and Public Kuala Lumpur Malaysia
马来西亚吉隆坡律师与公众的法院着装要求,法庭服饰 Kod Pemakaian “Jika kebanyakan daripada kita malu dengan pakaian yang lusuh dan perabot yang  kurang bermutu, marilah kita lebih malu dengan idea yang lusuh dan falsafah yang kuRead More…

Bankruptcy and Your Existing Car Housing Loan

中文版 Very often we get this question:  I am a bankrupt and I am servicing an existing car/ housing loan, the bank did not repossess the car/ foreclose on the house,   shall I continue to service the car/ housing loan? If a person is made bankrupt in the year 2016 and the car/ housing loan has been running since 2015 for 5 years, the catch is that once you have finished servicing thRead More…

Discharge of Bankruptcy for Malaysian Working Overseas

Versi Bahasa 中文版 If you have recently found out that you have been adjudged a bankrupt these are the facts you must be aware of: 1  You may have difficulties renewing your PASSPORT when it expires; 2  You can instruct us to handle your discharge while you are overseas, if you wish to fully settle your debts (click here to find out more),  we can help you to preRead More…

Bankruptcy Discharge passport go anywhere anytime Full Settlement Creditor

Bankruptcy Discharge Full Settlement Creditor

Bankruptcy Discharge of Full Settlement Creditor
Versi Bahasa Malaysia
If you wish to obtain a Discharge from Bankruptcy after Payment in Full to the Judgment Creditors.
You need to1 Obtain a letter of full and final settlement from the Judgment Creditors who “made you bankrupt”. Please do NOT proceed to make payment unless you have performed all the steps;
2 Negotiate for a lesser sRead More…

How a Guarantor Failed to Use A Police Report to Dispute his Signature

CCM Chemicals Sdn Bhd v Wan Muhammad Ibrisam Wan Ibrahim
Versi Bahasa Malaysia
This is a commentary on the case of CCM Chemicals Sdn Bhd v Wan Muhammad Ibrisam Wan Ibrahim as decided in the High Court of Malaya. The salient facts are; the Defendant, who is a Guarantor, had executed a guarantee and indemnity agreement with the Plaintiff for a Company named Ace Polymers Industries Bhd. The guaRead More…

Fastest Way to Recover Judgment Debt Writ of Seizure and Sale

中文版Versi Bahasa Malaysia Definition  of Writ of Seizure and Sale The Writ of Seizure and Sale (WSS)  is what we regard as  the most effective  mode for the enforcement of a money judgment. The writ is a direction to the Sheriff to seize in execution the movable properties of the judgment debtor within Malaysia as may be sufficient to satisfy the amount of the juRead More…

YOU Have been served a Writ of Summons. What should you do?

YOU HAVE BEEN SERVED… The 6 Things You Must Know After Receiving a Malaysian Court Summons to Avoid DIRE Consequences Versi Bahasa Malaysia 中文版 . WHAT HAPPENS IF I DO NOT REACT IN TIME? . We share with you a sad story of a happy Semi Detached  buyer turned Bankrupt… . Actually I would like to know more about debt recovery. . In this article we will Read More…

Can the Police Help Evict Tenants Not Paying Rent?

YOU HAVE A NON PAYING OVERSTAYING TENANT… We as your lawyer have the expertise and the right solution for you to recover the rent and to evict him.   Versi Bahasa Malaysia 中文版 The  greatest fears of a landlord that his tenants are not paying him.   The second fear is that how can the landlord recover the rental in arrears and   evict such non payRead More…

Debtors not paying? or defaulting ? Give your debtors Jail time.

Put them behind bars.
Versi Bahasa Malaysia
“I have spent lots of money to obtain a judgment but I cannot get any recovery…”
How do you get “assurance” that when the court makes an order, you can get paid?
At times when the debtors do not comply with the court order what can you do?
To resolve problems like these,  the matter highlighted below, we have build in  a penal indorsement into  Read More…

7 Tips on Bankruptcy in Malaysia

How Do I get out of a Bankruptcy via Discharge or Annulment?
Let our 30-years of experience, end your bankruptcy misery. See our happily discharged clients Other satisfied experiences Annulment Discharge
How bankruptcy is terminated
Some innocent folks, trusted the wrong people and were unwittingly made bankrupt. Some folks’ businesses went south and were made bankrupt. These are the paths Read More…

7 steps in Divorce Proceedings in Malaysia

Versi Bahasa Malaysia中文版
1 In Malaysia, divorce of non-Muslim is governed by the Law Reform (Marriage and Divorce) Act 1976 (LRA 1976). LRA 1976 states that a Malaysian High Court can only grant a decree nisi or decree of judicial separation if the marriage is registered or deemed to be registered under the LRA 1976, or the marriage is contracted under a law that the marriage is monogamous. Read More…

Waisat / Will

Distribution Of A Deceased’s Estate without A Will

“Versi Bahasa Malaysia”
The Distribution Act 1958 governs the distribution of estates of a person who dies intestate, which is a person who passes away without leaving a Will.  The Act lays down the method of  inheritance to the deceased’s estates that prioritizes the three Read More…

Child Custody

Understanding Child Custody in Malaysia

Understanding Child Custody & Guardianship of Infants in Malaysia
Versi Bahasa Malaysia
1 The meaning of child custody is silent. Both in the Guardianship of Infant Act 1961 (GIA) and the Law Reform (Marriage and Divorce) Act 1976 (LRA). There are three types of custody which includes legal custody, physical custody and access or visitation rights. Original custody of the child
2 In Malaysia,Read More…

5 Legal Tips for Defamation in Facebook Social Media

5 Legal Tips for Defamation in Facebook and Other Social Media
Languages:   English    繁体中文    简体中文   Malay In this digital era, social media such as Facebook, Twitter, Sina Weibo has become part of human’s life. Recently, Trump and Clinton, being the candidates of United State President Election 2016 have fueled millions of Facebook postingRead More…

5 Tips Keyboard Warrior Social Media Malay Version

Languages:   English    繁体中文    简体中文   Malay Dalam era digital sekarang, media social seperti Facebook, Twitter dan Sina Weibo telah menjadi sebahagian kehidupan seseorang. Baru-baru ini, calon-calon untuk pilihan raya umum presiden Amerika Syarikat 2016 mendorong  berjuta-juta posting Facebook, dan ia sudah cukup untuk menutup sebuah Bandar kecil jika ia dicetak.  IniRead More…