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Shearn Delamore & Co. | July 2020

Faced with the current Covid-19 pandemic and the consequential economic ramifications, it is inevitable that affected businesses are put under increasing financial strain. Affected businesses would at some point consider a restructuring of the business to manage the tide and stay afloat, with the last resort being liquidation for businesses operating in industries that are the most impacted by this pandemic ...

Shearn Delamore & Co. | July 2020

With the implementation of the Movement Control Order (MCO) since 18 March 2020, the Conditional Movement Control Order (CMCO) as well as the Recovery Movement Control Order, the Government has issued a number of Standard Operating Procedures (SOPs) to control the spread of the Covid-19 pandemic ...

Shearn Delamore & Co. | July 2020

A ship may be arrested in Malaysia as long as the claim of the arresting party falls under any of the provisions of Section 20(2) and Section 21 of the Supreme Court Act 1981 of England and Wales.Any party that wants to arrest a ship in Malaysia must strictly comply with Order 70 of the Rules of Court 2012 (the ROC 2012), which governs admiralty proceedings in the High Court.On the arrest of a ship, it will not be allowed to work without the sheriff's express permission ...

Shearn Delamore & Co. | July 2020

Introduction In the recent Industrial Court Award between Malaysia Airports Sdn Bhd and Suhaimi bin Mohammad Haniff [Industrial Court Award 895 of 2020], the Industrial Court had underlined the significance of a well-executed Domestic Inquiry where the evidence of a witness during a domestic inquiry was given sufficient weight in adjudicating the matter.  Brief material facts  In the present matter, the Claimant was dismissed for assisting his colleague, Ms ...

Shearn Delamore & Co. | July 2020

In two recent Awards of the Industrial Court involving the retrenchment of 7 Claimants, Mizman Bin Ngadinan & Others v City Facilities Management Sdn Bhd (Award 989 of 2020) and Roslan Bin Mohd Tahir & Others v City Facilities Management Sdn Bhd (Award 990 of 2020), the Industrial Court found that the LIFO principle was inapplicable where the selection criteria and process adopted by the Company involving specialised skills sets and the competency of the employees was upheld ...

Shearn Delamore & Co. | July 2020

Extension on short-selling banThe Securities Commission Malaysia (“SCM”) and Bursa Malaysia Securities Berhad (“Bursa Malaysia”) announced a further extension, until 31 December 2020, of the existing suspension for the suspension of all short selling, other than permitted short selling, on the stock exchange of Bursa Malaysia. The scope of the ban remains the same ...

Shearn Delamore & Co. | July 2020

International Filings via Madrid ProtocolOn 27 December 2019, Malaysia acceded to the Madrid Protocol, opening Malaysia up to the international trademark filing system. Parallel to the accession, as many are aware, the new Trademarks Act 2019 also came into force on the same date, establishing, amongst others, the law and practical guidelines for the international filing system.With over 1 ...

Shearn Delamore & Co. | July 2020

Tax and Revenue Income tax The following technical guidelines have recently been published on the Inland Revenue Board of Malaysia’s official website: Garis Panduan Mengenai Duti Setem ke atas Suratcara Pindah Milik Saham bagi Saham dalam Syarikat yang Tidak Tersenarai di Bursa Malaysia Berhad (available in Malay language only) — issued on 23 June 2020 to replace Technical Guideline dated 6 November 2019;Garis Panduan Permohonan untuk Kelulusan Ketua Pengarah Hasil Dal

Shearn Delamore & Co. | August 2020

The Temporary Measures for Reducing the Impact of Coronavirus Disease 2019 (Covid-19) Bill 2020 (“the Covid-19 Bill”) was tabled for its first reading in the Dewan Rakyat of Malaysia on Wednesday, 12 August 2020 ...

Shearn Delamore & Co. | August 2020

On 25 August 2020, “The Temporary Measures For Reducing The Impact of Coronavirus Disease 2019 (Covid-19) Bill 2020” (“Covid-19 Bill 2020”) was passed by the Dewan Rakyat. When will the Covid-19 Bill 2020 come into operation? The Covid-19 2020 Bill comes into operation on the date published in the Gazette. However, it will have a retrospective effect and will be deemed to have come into operation on the first day of the Movement Control Order i.e ...

Shearn Delamore & Co. | September 2020

Bursa Malaysia seeks Feedback on Proposed Reduction in Public Spread On 23 July 2020 Bursa Malaysia Berhad ("Bursa") released Consultation Paper No. 2/2020 Proposed Amendments to the Main Market and ACE Market Listing Requirements in relation to Public Security Holdings Spread ("Consultation Paper") ...

Shearn Delamore & Co. | September 2020

Income tax The following public rulings and guidelines have recently been published on the Inland Revenue Board of Malaysia’s official website: i. Tax Treatment of Research and Development Expenditure Part I – Qualifying Research and Development Activity (Public Ruling No. 5/2020) issued on 13 August 2020; ii. Tax Treatment of Research and Development Expenditure Part II – Special Deductions (Public Ruling No. 6/2020) issued on 13 August 2020; iii ...

Shearn Delamore & Co. | October 2020

SME Merger and Acquisition instruments exempt from stamp dutyThe Prime Minister announced that starting from 1 July 2020 until 30 June 2021, eligible SMEs will be exempted from paying stamp duty on instruments for Mergers & Acquisitions (“M&A instruments”), including Contracts or Agreements for sale or lease of properties (including land, building, machinery and equipment); Instrument of Transfer and Memorandum of Understanding; Loans or Financing Agreement; and First Tenancy

Shearn Delamore & Co. | October 2020

Compounding of Offences under the Malaysian Trademarks Act 2019 and RegulationsSection 136 (2) of the Trademarks Act 2019 (“Act”) grants the Controller with the power to compound offences under the Act. In essence, compounding means payment as a settlement in lieu of prosecution of an offence.Further, section 136 (1) of the Act empowers the Minister to make regulations pertaining to compounding with the approval of the Public Prosecutor ...

Shearn Delamore & Co. | October 2020

Income Tax The Income tax The Income Tax (Special Treatment for Interest on Loan) Regulations 2020 have been gazetted on 25 August 2020 and shall have effect for the year of assessment 2020 and subsequent years of assessment ...

Shearn Delamore & Co. | October 2020

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.IntroductionOn 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”) ...

Shearn Delamore & Co. | October 2020

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

Shearn Delamore & Co. | October 2020

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. Introduction 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 ...

Shearn Delamore & Co. | October 2020

In this article, Tang Yen Yi examines the PENJANA Short-Term Economic Recovery Plan in relation to the 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”).PENJANA includes plans to stimulate the economy with incentives for real estate transactions ...

Shearn Delamore & Co. | October 2020

A case note by Abhilaash Subramaniam Introduction 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

Shearn Delamore & Co. | November 2020

SC and Bursa extend temporary margin financing flexibilitiesOn 28 September 2020, the Securities Commission Malaysia (“SC”) and Bursa Malaysia Berhad (“Bursa”) extended the temporary relief measures relating to margin financing to 31 December 2020. The relief measures, which took effect on 27 March 2020 via Participating Organisations’ Circular No. R/R 6 of 2020, were initially due to expire on 30 September 2020 ...

Shearn Delamore & Co. | November 2020

Income tax The Income Tax (Prescribed Fees under Schedule 5 to the Act) Rules 2020 have been gazetted on 22 September 2020 and have come into operation on 25 September 2020. The following public rulings and guidelines have recently been published on the Inland Revenue Board of Malaysia’s official website:i. Appeal Against an Assessment and Application for Relief (Public Ruling No. 7/2020) issued on 7 October 2020 to replace Public Ruling No. 12/2017 dated 29 December 2017;ii ...

Shearn Delamore & Co. | December 2020

  Facts The recent high court decision in Straits Bunkering Pte Ltd v Ketua Pengarah Kementerian Perdagangan Dalam Negeri dan Hal Ehwal Pengguna Johor concerned an application with regard to the vessel MT Abbas, which had been arrested by the Southern Region Marine Department pursuant to Sections 491B(1)(k) and 491C of the Merchant Shipping Ordinance 1952 (MSO 1952).(1) Sections 491B(1)(k) and 491C of the MSO 1952 provide as follows: 491B ...

Shearn Delamore & Co. | December 2020

DISPUTE RESOLUTION The National Code (Revised 2020) Act 828 (“the Act”) came into force on 15 November 2020. It replaces its predecessor the National Land Code (Act 56 of 1965) that was in force since 1 January 1966. The Act was revised by the Commissioner of Law Revision under the authority of the Revision of Laws Act 1968 ...

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