Malaysia | Newsletter - September 2020

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Companies (Amendment) Bill 2020 — Proposed Changes to Beneficial Ownership of Shares in Private Companies

On 29 July 2020, the Companies Commission of Malaysia (“CCM”) released a consultative document seeking feedback on the proposed Companies (Amendment) Bill 2020 (“CA Bill 2020”). One of the key proposed amendments to the Companies Act 2016 (“CA 2016”) is in relation to improving transparency of shareholding in companies in Malaysia by enhancing the disclosure framework for beneficial ownership.

In this article, Lee Yuan Yao looks at the proposed disclosure requirements on beneficial ownership of shares in private companies under the proposed Companies (Amendment) Bill 2020.

He-Con Sdn Bhd v Bulyah bt Ishak & Anor [2020]: Extension to the Requirements for Deferred Indefeasibility?

Indefeasibility of title is the immunity obtained by a registered proprietor or interest holder in property. This concept is encoded in Section 340 of the National Land Code 1965 (“Section 340”) which sets out both how such immunity operates and the exceptions to the immunity.

A case note by Datin Jeyanthini Kannaperan and Koo Yin Soon.

Whether a Sub-Licensee of a Registered Industrial Design Owner has the Required Standing to Sue for Design Infringement

Does a sub-licensee of a registered industrial design owner have the required standing to bring an action for design infringement?

A case note by Sim Sook Eng. 

Make Working from Home Work — Employers’ Considerations for Remote Working

The Covid-19 pandemic has caused unprecedented impact on businesses worldwide, especially when international borders are closed and various degrees of lockdown are introduced in response to the pandemic. Since the first quarter of this eventful year, virtual working has become the option for many employers. It is safe to say that by now, Working from Home (“WFH”) is no longer a foreign concept.

In this article, Grace Chai Huey Yann explores common issues relating to remote working arrangements implemented by employers in response to the Covid-19 pandemic.

PENJANA Short-Term Economic Recovery Plan: Incentives for Property Sector

During these unprecedented times of a global pandemic due to COVID-19, the Government of Malaysia announced the recovery plan for the country’s economy: PENJANA Short-Term Economic Recovery Plan (“PENJANA”).

In this article, Tang Yen Yi examines the PENJANA Short-Term Economic Recovery Plan in relation to the property sector.

SWW v Ketua Pengarah Hasil Dalam Negeri — The Granting of Judicial Review by the High Court of Malaya in Tax Proceedings

In the recent case of SWW v Ketua Pengarah Hasil Dalam Negeri, the High Court of Malaya granted the taxpayer leave to apply for judicial review, a stay of proceedings pending the disposal of the taxpayer’s application for judicial review and subsequently allowed the taxpayer’s judicial review application on the merits, ordering a prohibition on all collection and enforcement action relating to disputed taxes and assessments raised by the Inland Revenue Board (“Revenue”).

A case note by Abhilaash Subramaniam.

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