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Shearn Delamore & Co. Newsletter December 2021
Shearn Delamore & Co., January 2022

Employment Law An examination of the case ofTelekom Research andDevelopment Sdn Bhd v Ahmad Farid Bin Abdul Rahman by the Court of Appeal Introduction The Industrial Court had ruled that the company, Telekom Research and Development Sdn Bhd (“Telekom”), had proven the misconduct against a former employee, the claimant Ahmad Farid Bin Abdul Rahman (“Ahmad”), and that the dismissal was justified...

Shearn Delamore & Co. Legal Updates December 2021 (2)
Shearn Delamore & Co., January 2022

Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for December 2021...

Ministry of Finance's Press Release on Foreign Source Income and Stamp Duty on Contract Notes
Shearn Delamore & Co., January 2022

The Finance Bill 2021 has recently been passed in Parliament and gazetted on 31 December 2021 (“FA”). One of the FA amendments, which takes effect from 1 January 2022, is that only income arising from sources outside Malaysia and received in Malaysia by any person who is not tax-resident in Malaysia, would be tax exempt...

Shearn Delamore & Co. Legal Updates December 2021 (1)
Shearn Delamore & Co., December 2021

Financial Services   Climate risk — progress of Joint Committee on Climate Change In a joint statement, Bank Negara Malaysia (“BNM”) and Securities Commission Malaysia announced on 10 December 2021 the following: the Joint Committee on Climate Change (“JC3”) will issue a Reference Guide on Climate Risk Management and Scenario Analysis, which sets out expectations for financial institutions to integrate climate-related risks considerations in finan

The Legal 500 Country Comparative Guides: Malaysian Chapter, International Arbitration
Shearn Delamore & Co., December 2021

Dear valued clients, colleagues and friends, Our Arbitration and Mediation partners Rabindra S. Nathan, Rodney Gomez and K. Shanti Mogan have co-authored the Malaysian chapter of The Legal 500 Country Comparative Guides: International Arbitration 2021.   The Arbitration Act 2005 (“AA 2005”) applies to arbitration in Malaysia...

Chambers Global Practice Guide: Litigation 2022
Shearn Delamore & Co., December 2021

Dear valued clients, colleagues and friends, Our Dispute Resolution partners, Dhinesh Bhaskaran, Datin Jeyanthini Kannaperan, Rabindra S. Nathan and K. Shanti Mogan, have co-authored the Malaysian Law and Practice and Trends and Developments chapters in the Chambers Global Practice Guide: Litigation 2022...

An Overview of the Significant Changes Proposed by the Employment (Amendment) Bill 2021
Shearn Delamore & Co., December 2021

The Employment (Amendment) Bill 2021 (“the Bill”) was tabled for its first reading on 25 October 2021, seeking to amend the Employment Act 1955 (“the Act”). In this update, Vijayan Venugopal, Grace Chai and Nur Najehah set out the key changes that the Bill proposes to introduce and analyse the potential impact of such proposed amendments...

Shearn Delamore & Co. Legal Updates November 2021 (2)
Shearn Delamore & Co., December 2021

Corporate/M&A Collaboration between Bursa Malaysia Berhad with Capital Markets Malaysia through the Elevate Programme Bursa Malaysia Berhad (“Bursa”) has on 11 November 2021 announced that Bursa will be collaborating with Capital Markets Malaysia (“CMM”) to engage and work with mid-tier companies that are seeking to undertake initial public offering in the next 24 months...

Shearn Delamore & Co. Legal Updates November 2021 (1)
Shearn Delamore & Co., November 2021

Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for November 2021...

Shearn Delamore & Co. Legal Updates October 2021 (2)
Shearn Delamore & Co., November 2021

Dear valued clients, colleagues and friends,We are pleased to bring you the latest legal updates for October 2021...

Cloud Services to be Licensable from 2022
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends,The increased reliance on cloud computing has recently seen regulatory responses from the authorities. The Malaysian Communications and Multimedia Commission on 15 October 2021 released an Advisory Notice on the upcoming licensing of cloud service providers from 1 January 2022, to address the regulatory loopholes brought about by the rise of cloud services and particularly the integrity of data stored on cloud...

Shearn Delamore & Co. Newsletter September 2021
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, We are pleased to bring you the September 2021 issue of our quarterly Newsletter, we hope that you will continue to find its contents of value to you. In this issue’s Front Page Focus, Caitlin Tan Hui Yi, associate from our Dispute Resolution Practice Group, discusses the disqualification of solicitors in the Court of Appeal case of Dato’ Azizan bin Abdul Rahman v Pinerains Sdn Bhd...

Shearn Delamore & Co. Legal Updates October 2021 (1)
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends,We are pleased to bring you the latest legal updates for October 2021.Employment & Administrative LawDeed of Settlement, Termination and Release Upheld as Cessation of Employment by Mutual AgreementIn the recent case of Christopher Dass a/l Muniandy @ Mathew v Clasquin (Malaysia) Sdn Bhd dated 3 August 2021 (Award No...

Significant amendments to Carriage of Goods by Sea Act
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, In July 2021 the Carriage of Goods by Sea (Amendment) Act (2020) (the "Amendment Act") and its supplementary Carriage of Goods by Sea (Amendment of First Schedule) Order 2021 (the "Order") officially came into force. The Amendment Act and the Order brought into effect the long-awaited changes to the Carriage of Goods by Sea Act 1950 (the "Principal Act"), which has been in force since 23 May 1950...

Trademark Act 2019 with overview by Indran Shanmuganathan and The Annotated Trademarks Act 2019
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, With the enactment of the latest Trademark Act 2019, our Intellectual Property partner, Indran Shanmuganathan, has authored two books published by renowned publishers, Sweet & Maxwell namely “Trademark Act 2019 with overview by Indran Shanmuganathan” and “The Annotated Trademarks Act 2019” which is a part of Malaysian Legislation Series...

Chambers Global Practice Guides: Employment 2021
Shearn Delamore & Co., October 2021

Dear valued clients, colleagues and friends, Our Employment and Administrative Law partner, Vijayan Venugopal, has authored the Law and Practice chapter (Malaysia) of the Chambers Global Practice Guides: Employment 2021. The chapter covers the Industrial Relations (Amendment) Act 2020, terms of employment, restrictive covenants, data privacy law, foreign workers, collective relations, termination of employment, employment disputes and dispute resolution. Click here to read more...

Shearn Delamore & Co. Legal Updates September 2021 (2)
Shearn Delamore & Co., October 2021

Financial Services Malaysia Overnight Rate as Alternative Reference Rate Bank Negara Malaysia (“BNM”) announced on 24 September that the Malaysia Overnight Rate (“MYOR”) is an alternative reference rate for Malaysia. The MYOR: will be administered and calculated by BNM as the volume-weighted average rate of unsecured overnight Ringgit interbank transactions, including BNM’s overnight monetary operations (excluding Standing Facilities)...

Chambers Global Practice Guides: International Arbitration 2021
Shearn Delamore & Co., October 2021

1. General 1.1 Prevalence of Arbitration Litigation continues to be the primary method of resolving disputes in Malaysia, for both domestic and international disputes. This is not expected to change in the near future...

Shearn Delamore & Co. Legal Updates September 2021 (1)
Shearn Delamore & Co., September 2021

Dear valued clients, colleagues and friends, We are pleased to bring you the latest legal updates for September 2021...

Now You See Me, Now You Don't: What Can be Done if a Bank Fraudster's Identity is uUnknown?
Shearn Delamore & Co., September 2021

Introduction In the age of the Internet and technology, banking scams and fraud abound. Where such bank fraud is committed, it is often the case that the fraudster disappears and their identity remains unknown. How courts grant relief where the identity of the perpetrator of a bank fraud is unknown was addressed in two Malaysian court decisions in 2021: Zschimmer v Persons Unknown[2021] 7 MLJ 178 (Zschimmer); and Zschimmer v Persons Unknown (No 2)[2021] 3 CLJ 587 (Zschimmer No. 2)...

Shearn Delamore & Co. Legal Updates August 2021 (2)
Shearn Delamore & Co., September 2021

Corporate/M&A Amendments to the Main Market Listing Requirements following Enhanced IPO Framework On 11 August 2021, Bursa Malaysia Securities Berhad (“Bursa Securities”) reviewed the Main Market Listing Requirements (“MMLR”) to ensure parity of regulation with the Securities Commission Malaysia’s (“SC”) introduction of an enhanced initial public offering (“IPO”) framework which took effect on 1 January 2021...

Arbitration Rules 2021
Shearn Delamore & Co., August 2021

Arbitration Rules 2021The Asian International Arbitration Centre (“AIAC”) launched its latest edition of the AIAC Arbitration Rules (“AIAC Rules”) on 1 August 2021. The AIAC Arbitration Rules 2021 (“2021 Rules”) streamline proceedings and embrace the needs of a fast evolving disputes climate...

Immigration Update
Shearn Delamore & Co., August 2021

Home Quarantine Now Possible for Ex-Patriates Imagine having the permission to work in a foreign country and yet being unable to do so as you are prohibited from entry. That has been the dilemma faced by many ex patriates who hold Employment Passes but have been unable to enter Malaysia due to the current restrictions in place...

Shearn Delamore & Co. Legal Updates August 2021 (1)
Shearn Delamore & Co., August 2021

Financial ServicesBank Negara Malaysia issues Policy Document on Reference Rate FrameworkThe policy document on Reference Rate Framework (“RRF PD”) was issued by Bank Negara Malaysia (“BNM”) on 11 August 2021 and will come into effect on 1 August 2022...

Shearn Delamore & Co. Legal Updates July 2021 (2)
Shearn Delamore & Co., August 2021

Financial ServicesRecovery Planning Policy DocumentFollowing feedback on its exposure draft, Bank Negara Malaysia has issued a revised policy document on recovery planning which are applicable to banks and investments banks licensed under the Financial Services Act 2013, Islamic banks licensed under the Islamic Financial Services Act 2013 and financial holding companies of the foregoing mentioned licensed entities (collectively, the “FIs”)...

 

 

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