Nicholas Tan

Partner
Corporate / M&A
Capital Markets
Technology, Media & Telco

Qualifications

  • MBA, University of Nottingham
  • LL.B (Hons), University of Northumbria
  • Master of Commercial Law, University of Malaya
  • Barrister-at-Law, Lincoln’s Inn
  • Advocate & Solicitor, High Court of Malaya

Nicholas’ practice focus is on take-overs, mergers and acquisitions, foreign investments, joint ventures, corporate restructurings, and corporate and commercial transactions. He has worked on transactions which straddled across industries specifically education, oil and gas, manufacturing, retail, telecommunication and property development. Nicholas regularly advises clients on takeover of public companies. He also advises equity capital markets work including initial public offerings.

Nicholas has been recognised as a leading lawyer for Corporate/M&A (Malaysia) by a number of globally renowned legal publications including a band 4 leading lawyer in M&A by Chambers and Partners Asia Pacific (2021 and 2022). The Chambers and Partners Asia Pacific (2021) noted that Nicholas “is able to provide strong legal support and, in giving legal advice, he also considers the commercial aspects of the transaction” and more recently, the Chambers and Partners Asia Pacific (2022) noted that Nicholas “has the ability to understand issues in play and provide practice solutions”.

He has been described by a client as “Highly competent and very experienced and knowledgeable. He is also very approachable and able to perform excellently even in a challenging environment” (IFLR1000 (2019)) and “Responsible, accessible, knowledgeable, well connected, and timely” (IFLR (2021)).

He is a member of the China Desk of the firm, who regularly advises and represents Chinese clients (e.g. state-owned entities) in their corporate transactions in Malaysia.

Some key clients are China Railway Group Limited, China Railway Engineering Corporation (M) Sdn. Bhd. (Property and Construction), Sony Interactive Entertainment Playstation Studios Malaysia Sdn. Bhd. (Media and Technology), a subsidiary of Sony Corporation, Monash University (Education), British Council (Education) and Scientex Berhad (Manufacturing and Property).

Mergers & Acquisitions

  • Acted for China Railway Engineering Corporation (M) Sdn. Bhd. (CRECM), a shareholder in a consortium (i.e. IWH-CREC Sdn. Bhd.) in acquiring 60% shares in Bandar Malaysia Sdn. Bhd. from TRX City Sdn. Bhd. (a subsidiary of the Ministry of Finance, Malaysia) for RM7.41 billion. Bandar Malaysia is a major development project in Kuala Lumpur, Malaysia covering an area of approximately 2,000,000 sq. metres and will include a public transportation hub. CRECM is a subsidiary of China Railway Group Limited which was ranked 50th in 2020’s Fortune Global 500.
  • Acted as the Malaysian counsel for Saudi Aramco (through White & Case, an instructing counsel), in its investment and joint venture with Petronas in the Refinery and Petrochemicals Integrated Development (RAPID) project in Pengerang, Malaysia. The total estimated value of the investment by Saudi Aramco is US$7 billion.
  • In 2019/2020, Nicholas acted as the Malaysian counsel for Laureate Education, Inc., (a company listed on the NASDAQ stock market) (through DLA Piper, as the instructing counsel) in its sale of INTI Education group to HOPE Education Group (Hong Kong) Company Limited (a wholly owned subsidiary of HKEX-listed Hope Education Group Co., Ltd) for approximately USD140 million.
  • In 2019, Nicholas acted as the transaction counsel for a major acquisition of the shares in a private higher educational institution in Malaysia in 2019.

Take-overs

  • Acted for Scientex Berhad in its privatization of Daibochi Berhad through its unconditional voluntary take-over offer to acquire the remaining shares and warrants in Daibochi Berhad in 2021. Upon completion of the take-over offer, Scientex Berhad holds 71.9% equity interest in Daibochi Berhad.
  • In 2019, Nicholas advised Scientex Berhad in its acquisition of approximately 42% shares in Daibochi Berhad for approximately RM222.5 million and a conditional mandatory take-over offer where the client was required to acquire the remaining shares and warrants following the completion of the acquisition.
  • During the same period, Nicholas also advised the joint offers in a conditional voluntary take-over offer to acquire the shares in LTKM Berhad (one of the leading chicken egg producers in Malaysia).

Equity Capital Markets

  • Acting for Jentayu Sustainables Berhad (formerly known as Ipmuda Berhad) in its acquisition of a solar asset and 2 hydro assets in the renewable energy sector for a total consideration of RM187.4 million, which will result in a significant change of business direction or policy of Jentayu Sustainables Berhad in 2021. The acquisitions require the approvals of the Securities Commission Malaysia and Bursa Malaysia Securities Berhad. Further, we are also acting for Jentayu Sustainables Berhad on its corporate exercises announced on 18 June 2021, including amongst others, bonus issue of shares and warrants and rights issue of shares.
  • Acting as solicitors to the issuer in respect of a proposed establishment and listing of a REIT on the Main Market of Bursa Malaysia.

Asialaw Leading Lawyers

  • “Quick turnaround time and ability to analyse the issues and providing workable solutions.”- Asialaw Profiles 2023

Chambers Asia-Pacific
Corporate / M&A (2020) – Up and Coming
Corporate / M&A (2022) – Band 4 Lawyer for 2 consecutive years

  • Active on deals across a variety of sectors, one interviewee appreciates that "he is very responsive." – Chambers Asia-Pacific 2020
  • A client notes that "he is able to provide strong legal support and, in giving legal advice, he also considers the commercial aspects of the transaction." - Chambers Asia-Pacific 2021
  • A client describes him as “very responsive and responsible, focused and able to meet tight timelines. He has the ability to understand issues in play and provide practice solutions.” – Chambers Asia-Pacific 2022

Chambers Global
Corporate / M&A (2020) – Up and Coming
Corporate / M&A (2022) - Band 4 Lawyer for 2 consecutive years

  • A client notes that "he is able to provide strong legal support and, in giving legal advice, he also considers the commercial aspects of the transaction." - Chambers Global 2021
  • A client describes him as “very responsive and responsible, focused and able to meet tight timelines. He has the ability to understand issues in play and provide practice solutions.” – Chambers Global 2022

The Legal 500 Asia-Pacific 
Corporate / M&A (2022) – Other Key Lawyer; Recommended Lawyer (2019-2021)
Projects and Energy (2019) – Recommended Lawyer

  • Nicholas Tan Choi Chuan is relatively young, but still has a sufficient knowledge especially in the M&A area” - The Legal 500 Asia-Pacific 2020
  • Described as giving 'solid commercial advice', the team includes education expert Nicholas Tan Choi Chuan… - The Legal 500 Asia-Pacific 2021
  • “Stand out partner is Nicholas Tan Choi Chuan. Exemplary responsiveness to client’s requests and needs, and provision of timely and useful advice.” - The Legal 500 Asia-Pacific 2022

IFLR 1000
M&A (2023) – Highly Regarded Lawyer, Notable Practitioner (2022)

M&A (2018-2021) – Rising Star

  • Highly competent and very experienced and knowledgeable. He is also very approachable and able to perform excellently even in a challenging environment.” IFLR 2018
  • He is very knowledgeable, highly competent and always able to produce excellent quality of work.”IFLR 2018
  • Highly responsive and professional.”IFLR 2018
  • High quality performance and commitment.” IFLR 2020
  • “Responsive, accessible, knowledgeable, well connected, and timely.”IFLR 2021

International Law Office: Client Choice Awards (2019)
Individual Winner for M&A for Malaysia Jurisdiction

Asia Business Law Journal (2019)
one of Malaysia’s top 100 lawyers

Asian Legal Business Malaysia Law Awards (2018)
“Young Lawyer of the Year” finalist

  • Member, Malaysian Bar
  • Member, International Bar Association (IBA)
  • Member, China Enterprises Association In Malaysia
  • Co-chair, ELA Global Mergers and Acquisition Group
  • Member, Institute of Corporate Directors Malaysia (ICDM)
  • Chambers Global Practice Guide 2019 Malaysia Corporate M&A: Q&A [co-author]
  • Merits of shareholder activists in Malaysia: A legal perspective” [2019] 1 LNS(A)xli, by Current Law Journal
  • Contributed to World Bank, Doing Business 2019 and 2020 – Protecting Minority Investors - Malaysia, 16th Edition and 17th Edition respectively, published by The World Bank Group
  • Liberalisation of Distributive Trade Sector - Revised Guidelines by MDTCA on Retail Sector in Malaysia [2021] 1 MLJ cccxxx
  • “Shareholders’ right of inspection in private companies in Malaysia”, [2021] 1 LNS (A) xliii