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- Planning to develop land? - National Policy Statement for fresh water reforms - Decade of aquaculture roadblocks soon to be lifted - New Environmental Protection Authority established
MinterEllisonRuddWatts, May 2011

The Government is continuing to work through its environmental reform agenda at a brisk pace. This month it has finalised a National Environment Standard for contaminants in soil and a National Policy Statement for Fresh Water. Significant progress has also been made on two key pieces of legislation this month, with the Aquaculture Amendment Bill passing its second reading and the Environmental Protection Authority Act passing into law...

Shearn Delamore & Co. Legal Update August 2020 (Tax and Revenue)
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...

"Commission Free to Gag"
MinterEllisonRuddWatts, April 2011

Last week the Court of Appeal confirmed the extensive nature of the Commerce Commission’s (Commission) gagging powers. The scope of such powers may come as a surprise to many. On 10 March the Court of Appeal allowed the Commission’s appeal and rejected Air New Zealand’s (Air NZ) cross appeal in the “gagging orders” case...

"Hurricane Harvey" and the Winds of Change
TSMP Law Corporation, January 2018

Have we reached the tipping point in the fight against sexual harassment in the workplace? In late August 2017, Hurricane Harvey struck the Caribbean and the United States, causing unprecedented devastation and destruction. Less thantwo months later, a very different “Hurricane Harvey” followed, one that precipitated a renewed global consciousness over issues of sexual harassment...

2013 Outlook: What Will the Year Bring for Australian Business and in Key Industry Sector
MinterEllison, January 2013

Some favourable news on the global economic front has been trickling in. Markets around the world rallied as the US avoided the fiscal cliff-dive by a nanosecond; China's economy is showing signs of renewed strength, with the powerful manufacturing sector now performing at its best levels in almost two years; and share prices in most of Europe, Britain and even Japan have been trading solidly higher over the past few months...

2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics
SyCip Salazar Hernandez & Gatmaitan, June 2013

Attorney; a lawyer shall not assist in the unauthorized practice of law.  Atty. Bancolo admitted that the Complaint he filed for a former client before the Office of the Ombudsman was signed in his name by a secretary of his by Text-Enhance" href="http://lexoterica.wordpress...

2015 Mergers Control Survey: LCS & Partners Reviews the Merger Control Regime in Taiwan for IFLR
LCS & Partners, March 2015

The 2015 Mergers Control Survey by Margaret Huang and Victor Chang of LCS & Partners reviewed the merger control regime in Taiwan for IFLR.    1. REGULATORY FRAMEWORK1.1 What is the applicable legislation and who enforces it?The Fair Trade Act (FTA), which entered into force in 1992, is the main legislation governing Taiwanese merger control. Merger control is enforced by the Taiwan Fair Trade Commission (TFTC)...

2016 Macau SAR Special Annual Budget Law Tax Exemptions: Corporate Tax, Professional Tax and Property Tax
DSL Lawyers, February 2016

Besides other exemptions contemplated under the law that approved the 2016 budget for Macau SAR (Law No. 15/2015, of 28 December 2015), the core special exemptions applicable cover Corporate Tax, Professional Tax and Property Tax. Corporate Tax The taxable profits accrued in the companies’ annual accounts re...

2016 Negative List Revision Detail
Makarim & Taira S., June 2016

Further to our client alert of 25 May, we include here the full list of changes to the 2014 Negative List (DNI), as contained in Presidential Regulation No. 44/2016 and its attachments.  Note, again, that existing investors’ licensing will be grandfathered.  ASEAN investors have preferential arrangements in many cases...

2016 Negative List Revision Released
Makarim & Taira S., June 2016

The Indonesian Government has released the long-awaited revision to the Negative List (“DNI”).  The revised regulation (Presidential Regulation No. 44/2016) was promulgated on 18 May 2016 and circulated to the public on 24 May.  The DNI regulates the sectors which are closed, open, or conditionally open to investment. The DNI revision is keenly awaited as it stipulates, amongst other matters, restrictions on foreign participation in various business activities in Indonesia...

2017 – IN WHICH WE STARE AT OUR BALLS
TSMP Law Corporation, January 2017

(Our crystal balls, that is.) "If you can look into the seeds of time, and say which grain will grow and which will not, speak then unto me … "- William Shakespeare (MacBeth) Happy New Year! 2016 was nothing if not earth-shaking in terms of unexpected developments. The – once unthinkable – departure of Britain from the European Union, was voted in by a legislature feeling increasingly un-homed in its own country...

32 Years' Service Does not Provide Immunity from Dismissal for Poor Performance
Shearn Delamore & Co., June 2020

In the recent decision of Abdul Malek Bin Mohamed v MISC Bhd dated 17 June 2020 [Award 840 of 2020], the Industrial Court recognised that the tenure of service of an employee in an organisation does not shield the employee from having to render satisfactory performance at the level required by the Company. The Industrial Court upheld the dismissal of an employee for poor performance after 32 years of service...

8 Tips for a Successful Co-Production in Asia
Deacons, January 2007

In recent years, we have seen a surge in co-productions in Asia, whether in the form of co-productions between parties from different parts of Asia (which would normally involve both financial and production contribution from all parties), or co-productions between Western and Chinese parties...

A Brave New World
TSMP Law Corporation, May 2018

By this time next year, Singapore will have a rather different employment regime from any it has had since independence. One aspect of this needs to be carefully thought through. About ten years ago, a distressed Norwegian client consulted me. His company’s Singapore office had a toxic employee who not only performed poorly and shirked responsibility, but was also habitually insubordinate to management and offensive to his peers...

A Case of Foot in Mouth Disease
TSMP Law Corporation, December 2018

Whether you are a business pushing out an edgy ad campaign, or one with an unsolicited media crisis on your hands, in the age of the Internet you are just keystrokes away from things going “viral”. It is important to be prepared. Like many bad ideas, it started innocuously enough. In late November, Dolce & Gabbana uploaded a series of videos on its social media platforms that starred a young Chinese woman wearing a red sequin dress...

A Future-Ready Justice System for Singapore
TSMP Law Corporation, November 2018

While the motivation behind the Civil Justice Commission’s consultation paper – aimed at enhancing the Court system – is laudable, the proposed introduction of litigation scale costs may hurt Singapore’s standing as a global litigation hub. In 2015, the Chief Justice established the Civil Justice Commission (CJC) to review Singapore’s civil justice system, with the goal of transforming and modernising the litigation process...

A Guide to the Upcoming Indonesian Data Protection Law
Makarim & Taira S., February 2020

There had been several drafts of the law on Personal Data Protection until the final draft that was submitted by the Indonesian Government to the House of Representatives on 24 January 2020 (“Final Draft Law”). When passed, it will be Indonesia’s first framework legislation to specifically deal with and serve as the ‘umbrella regulation’ on personal data protection...

A Long Term Plan for Australian Taxation Reform – The Henry Report and the Government's Response
MinterEllison, May 2010

The report of the Henry Review of the Australian taxation and transfer system released on 2 May 2010, entitled 'Australia's Future Tax System' (the Report) is the 'root and branch' review into the taxation and transfer system proposed by the Australian Labor Party at the election in 2007. It contains some 138 recommendations for long-term reform of the tax and transfer system...

A Look at Issues Faced by Employers as a Result of the Covid-19 Pandemic and Ensuing Movement Control Order
Shearn Delamore & Co., July 2020

Introduction The Covid-19 global pandemic which has swept the globe and caused many countries to introduce various degrees of lock down measures has given rise to various issues and scenarios which an employer must deal with and manage. This is no different for employers in Malaysia where the Government has implemented the Movement Control Order (“MCO”) since 18 March 2020 which saw the economic activity brought to a halt...

A Message from Makarim &Taira in Light of COVID-19
Makarim & Taira S., March 2020

We are all facing an unprecedented event in our lives with the rapid spread of the COVID-19 virus. Although we are COVID-19 free, we are implementing precautionary and contingency measures to protect the safety and welfare of everyone at the Firm, and those who are connected to the Firm. Effective 16 March 2020, we have been implementing a work-from-home system...

A New Reminder of an Old Battle
MinterEllison, February 2011

A ‘Battle of the Forms’ commonly arises where each of the parties, in the course of the negotiation process, forwards to the other its own standard form of contract, with the aim of getting the other party to adopt such terms and conditions. The question as to which set of terms and conditions constitute the contract often depends on the ‘last shot’ – that is, which form of contract was the one last ‘fired’ to the counter-party...

A Radical Departure
Shearn Delamore & Co., October 2018

IN THIS ARTICLE, REENA ENBASEGARAM LOOKS AT THE ISSUE OF RESTRUCTURING THE WAGE SYSTEM OF HOTEL EMPLOYEES.   Introduction Service charge is a practice unique to the hotel industry whereby it is imposed on the bills issued to the customers...

A Re-look at the Laws on Retrenchment
Shearn Delamore & Co., August 2018

IN THIS ARTICLE, WONG KIAN JUN CONSIDERS A RE-LOOK AT THE LAWS ON RETRENCHMENT   Introduction During uncertain times and shrinking profits, organisations may decide to reorganise their business structure in order to create a leaner workforce thereby reducing their operating costs to weather the impact of a slowing economy. Inevitably, the reorganisation would result in the retrenchment of its employees who are considered surplus to the needs of the organisation...

A Tale of Two Cities
TSMP Law Corporation, February 2017

  "The best things in life are free, the second best things are very, very expensive."—Coco Chanel   Think of the most expensive cities in the world to live and places like London, New York and Paris come to mind. These cities epitomize the pinnacle of sophisticated and luxurious living, as romanticized all too often on the silver screen...

A tale of two telcos: matching rights and blocking stakes in recent schemes of arrangement
MinterEllison, June 2016

A recent wave of consolidation in the telecommunications sector has seen TPG Telecom acquire iiNet for $1.6 billion, Vocus Communications acquire Amcom Telecommunications for $653 million and Vocus acquire M2 Group in a 'merger of equals' valued at $3.0 billion. These three transactions have now created two industry powerhouses – TPG and Vocus. All three transactions were implemented by way of a scheme of arrangement between the notional target and its shareholders...

 

 

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