Genting Malaysia Bhd (Genting) as part of its business, carried out a loyalty programme entitled “Genting Rewards Loyalty Programme” (Loyalty Programme). Customers who joined the Loyalty Programme were required to provide certain personal data to Genting. The Inland Revenue Board (Revenue) requested for information relating to the name, Malaysian IC number, passport number, company registration number and address of the Loyalty Programme members in the years 2016 and 2017. In

The Energy Efficiency and Conservation Bill 2023 (EECB) was recently passed by the Dewan Rakyat on 11.10.2023. The bill aims to regulate the efficient consumption of energy and conservation of energy with the aim of improving and increasing energy efficiency and to avoid the wastage of energy in Malaysia. The EECB is in line with the energy transition initiative towards achieving net zero greenhouse gas (GHG) emissions by energy-related sectors by 2050. Further, the EECB is o

30 October 2023 KUALA LUMPUR: The High Court here has allowed Bersatu to challenge the Malaysian Anti-Corruption Commission’s (MACC) seizure of the party’s bank accounts. Justice Ahmad Kamal Md Shahid granted the party’s application for leave to commence judicial proceedings on grounds that the application is not frivolous. The court set case management for Nov 28. In April, MACC announced that it had seized two Bersatu accounts under Section 50 of the Anti-Money Laundering,

30 October 2023 PETALING JAYA: The Kuala Lumpur High Court has allowed Bersatu to challenge the Malaysian Anti-Corruption Commission’s (MACC) seizure of its accounts. IT was granted leave Monday (Oct 30) morning by the High Court (Appellate and Special Power division) for its judicial review application to challenge the seizure orders imposed by the MACC on its party accounts. Justice Datuk Ahmad Kamal Md Shahid made the decision during an online proceeding in which he ruled

In September 2022, Bursa Malaysia Securities Berhad (Bursa) amended the Main Market Listing Requirements and the ACE Market Listing Requirements to introduce enhanced sustainability reporting requirements. Bursa also concurrently launched the Sustainability Reporting Guide and Toolkits (3rd Edition) (Sustainability Toolkits). The amendments and launching of the Sustainability Toolkits were to encourage listed issuers to adopt international standards when it comes to sustainab

Background Some 20 years ago, the Court of Appeal (CA) case of Bina Jati Sdn Bhd v Sum-Projects (Bros) Sdn Bhd [2002] 2 MLJ 71( Bina Jati ) laid down the foundations for the development of the Malaysian jurisprudence on the Courts’ jurisdiction to allow or refuse a stay of proceedings where a matter before the Court involved non-parties to an AA (Non-Parties). Bina Jati concerned the Respondent’s application to revoke an arbitrator’s authority to determine a dispute on ground

‘ In the discharge and performance of their statutory duties, the liquidators are required to exercise a high standard of care, skill, diligence and competence commensurate with their professional standing. ’ Yeo Ann Kiat & 238 Ors v Hong Leong Bank Bhd & Anor [2016] 6 MLJ 499 (Court of Appeal) Liquidation is defined as a process where the assets of a company that has been wound up are seized and realised by the liquidator in order to pay off the debts of the company. Any sur

As part of an Initial Public Offering (IPO) process, legal due diligence will be carried out on the listing group (Group) to ensure legal compliance prior to the submission of the application to the authorities for an approval. This alert sets out the key legal matters to look out for during an IPO process in respect of the properties owned, tenanted and/or occupied by the Group. It is advisable to take note of these matters early on during the IPO process as a majority of th

In a move towards strengthening corporate governance and promoting high standards of integrity and accountability, the Companies Commission Malaysia (CCM) has recently issued a new Code of Ethics for Company Director and Company Secretary ( Code of Ethics ). This Code of Ethics serves as general guidelines on the ethical expectations of directors and company secretaries when carrying out their duties. This Code of Ethics supersedes the previous Code of Ethics – Company Direct

‘… there is logic and fairness in the legal position, which must weigh the interests of the bankrupt against those of his creditors.’ Stephen Jones [2017] UKFTT 567 Individuals who have been declared bankrupt may be able to breathe a sigh of relief with the legislation of the Insolvency (Amendment) Act 2023 (Amending Act), which came into force on 06.10.2023. The Amending Act broadens the categories of bankrupts who are insulated from objections by creditors where a certifica

It is not uncommon for a slew of litigation to commence when there is a breakdown of shareholder relationship and often this is done to levy commercial pressure on the shareholder vis-à-vis damages on the company that will have a direct impact on the commercial value of the shares. This then works as a bargaining chip in resolving the shareholder dispute in favour of the party that commenced such litigation. Recourse Available To The Defendant Where the facts support a sugges

RDS is pleased to publish RDS Legal Insight Q3 of 2023. This quarterly magazine features the following articles by our colleagues: 1)...

The Government recently launched Part 1 of the National Energy Transition Roadmap (NETR Part 1) with the aim of effectively overseeing the progression towards sustainable energy practices. The concept of energy transition involves shifting away from an energy system predominantly reliant on fossil fuels towards a more environmentally friendly structure centered on clean and renewable energy resources. Further, NETR also aims at transforming the economy and creating potential

Recently, the High Court in MRTCSB v Ketua Pengarah Hasil Dalam Negeri ruled in favour of the taxpayer. The issue was on the tax...

Recently, the High Court in Ketua Pengarah Hasil Dalam Negeri v Watsons Personal Care Stores (M) Holdings Limited dismissed the Revenue’s...

This alert discusses the recent Court of Appeal ruling in Chrishanthini Angela Regina Sebastiampillai v View Esteem Sdn Bhd   [2023] 1 MLJ 309 on the defect liability clause. Brief Facts A sale and purchase agreement (SPA) in the statutory form as provided under the law was executed between by the Chrishanthini Angela Regina Sebastiampillai (the Appellant) and View Esteem Sdn Bhd (the Respondent). On 3.9.2012, the Respondent notified the Appellant that the vacant possession o

RDS is pleased to publish RDS Legal Insight Q3 of 2023. This quarterly magazine features the following articles by our colleagues: 1)...

In a loan arrangement, apart from securities, a borrower is also typically required to have a third party provide guarantee(s) in favour of its creditor (guarantor). This would serve to provide assurance and comfort to the creditor as a guarantor assumes the responsibility for the debt under the loan arrangement in the event the borrower defaults on payment of the loan or if the borrower’s business folds. However, would a guarantor be able to recoup his losses upon payment of

Given the onerous and significant role played by a liquidator, it is rather common for a liquidator to be dragged to court answer various legal claims. Against this backdrop, the Federal Court in   N. Chanthiran A/L Nagappan v Kao Che Jen (Civil Appeal No. 02(i)-54-09/2021(Q)) recently clarified whether the leave of court is required before an action can be commenced against a liquidator. Facts STM Transformers Sdn Bhd (Company) was wound up by an order of the Kuching High Co

Recently, the Court of Appeal in the case of PNK v Ketua Pengarah Hasil Dalam Negeri held that the commission paid by the taxpayer to...