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Firm: Shearn Delamore & Co.

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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...

(WEBINAR) The Enforcement Challenge - Enforcing Arbitral Awards & Foreign Judgments in Indonesia, Malaysia & Singapore.
Shearn Delamore & Co., January 2021

Dear Clients and Friends  Drew Network Asia (comprising Drew & Napier LLC from Singapore, Makarim & Taira S. from Indonesia, and Shearn Delamore & Co. from Malaysia) is delighted to present a joint webinar with Omni Bridgeway, a leading global disputes finance company, on the enforcement of arbitral awards and foreign judgements in Singapore, Malaysia, and Indonesia. Details are set out below:   Date: Thursday, 14 January 2021 Time: 3.00 pm to 4.30 pm (SG/MY time) 2...

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...

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 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...

Absence of Corroboration Does Not Defeat Complaint of Harassment
Shearn Delamore & Co., February 2021

Introduction In the recent Industrial Court Award of Harry Wong Wei Chen v Petroliam Nasional Berhad [Award No.11 of 2021] dated 4 January 2021, the Industrial Court upheld the dismissal of an employee (“the Claimant”) on account of several allegations of sexual and workplace harassment. An interesting point in the instant case was the absence of corroborative witnesses in respect of several of the complaints against the Claimant...

Acceptance of Evidence Obtained through Social Media Platform
Shearn Delamore & Co., February 2021

Introduction In the recent Industrial Court Award of Azffanizam bin Abd v Prince Court Medical Centre Sdn Bhd [Award No.11 of 2021] dated 4 January 2021, the Industrial Court accepted evidence taken from social media in dismissing a claim of forced resignation...

Administrative Step or Aggressive Movement? Revenue’s Announcement on Centralisation and Dispersal of Certain Categories of Corporate and Non-Corporate Taxpayers’ Files
Shearn Delamore & Co., February 2021

The Inland Revenue Board of Malaysia (Revenue)’s press release of 13 January 2021 announced the Revenue’s implementation of centralisation and dispersal of tax files for taxpayers of certain categories, with effect from 1 January 2021...

Amendments to the Copyright Act 1987
Shearn Delamore & Co., April 2016

The Copy Right Act 1987 provides a framework for the protection of copy right and enforcement through civil redress, as well as outlines the powers granted to state authorities for the enforcement of copy right and prosecution of copy right offences. The Copy Right Amendment Act 2012 (“2012 Amendment Act”) came into operation on 1st March 2012. The following is a summary of some of the amendmentspursuant to the 2012 Amendment Act...

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...

Are Prayer Outfits Eligible for Copyright Protection?
Shearn Delamore & Co., January 2019

Some may be wondering what a “telekung” is as it is probably not a common term. A Telekung is a Muslim prayer outfit for females. The general perception of prayer outfits is that they are dull and unfashionable as they have to be modest rather than trendy. However, there has been a drastic shift in the fashion industry in recent years where there are an increasing number of fashionable yet modest clothes in both local and international markets...

Banking on Green: A Push Towards Climate-Conscious Financial Activity
Shearn Delamore & Co., July 2020

In December 2019, Bank Negara Malaysia (BNM) issued a discussion paper on “Climate Change and Principle-based Taxonomy”1. The discussion paper highlights the risks arising from climate change and environmental degradation to the economy. It outlines guidance for financial institutions in identifying these risks and classifying economic activities that contribute positively to climate change objectives. According to BNM, 10.3% of the total assets of banks and 24...

Breach of Natural Justice Under the Construction Industry Payment and Adjudication - Malaysia
Shearn Delamore & Co., November 2018

The Construction Industry Payment and Adjudication Act 2012 (“Act”) was introduced to address cash flow issues affecting contractors in the construction industry as a result of delays and/or lengthy periods of payment under construction contracts. Under the Act, an unpaid party [1] is entitled to initiate an adjudication proceeding in order to claim any amounts due and/or owing to them under a construction contract...

Brexit and Your Marks in the UK: A Brief Report
Shearn Delamore & Co., January 2021

The Brexit transition came to an end on 31 December 2020. Moving forward, the EU rules of law and legal system will no longer bind the UK, including for intellectual property matters...

Can an Industrial Court Action Proceed without Complying with Section 226(3) or Section 263(2) of the Companies Act 1965?
Shearn Delamore & Co., August 2018

IN THIS ARTICLE PARVATHY DEVI RAJA MOORTHY DISCUSSES WHETHER AN INDUSTRIAL COURT ACTION CAN PROCEED WITHOUT COMPLYING WITH SECTION 226(3) OR SECTION 263(2) OF THE COMPANIES ACT 1965.   Introduction In the civil court, any action or proceeding pending against a company after the presentation of a winding-up petition may be stayed by the court...

Can the Defence of Qualified Privilege be Invoked without Verification of Information Relied On?
Shearn Delamore & Co., January 2019

To raise the Reynolds privilege established in the landmark English House of Lords decision in Reynolds v Times Newspaper Ltd[1] in a defamation claim, a defendant is required to establish that the matter was one of public interest and that the defendant practised “responsible journalism” in publishing the impugned words...

Case Update: Legal Professional Privilege and the Powers of the Director General of Inland Revenue (“DGIR”)
Shearn Delamore & Co., March 2021

The Malaysian Bar had challenged the DGIR’s power to undertake tax audits on the clients’ accounts of law firms on the basis that it contravened legal professional privilege...

Challenging an Award of the Industrial Court
Shearn Delamore & Co., August 2018

The Industrial Court is a creature of statute. In determining a particular dispute, the Industrial Court must act in accordance with the purposes and express provisions of the Industrial Relations Act 1967 (“Act”). The Court must also act according to “equity, good conscience and the substantial merits of the case without regard to technicalities and legal form” [1]...

Chambers Global Practice Guide: Life Sciences 2020
Shearn Delamore & Co., June 2020

Pharmaceuticals and medical devices in Malaysia are governed by the following main legislation and regulations:the Sale of Drugs Act 1952 (SODA 1952);the Control of Drugs and Cosmetics Regulations 1984 (CDCR 1984);the Dangerous Drugs Act 1952 (DDA 1952);the Poisons Act 1952 (PA 1952);the Medicines (Advertisement and Sales Act) 1956 (MASA 1956); andthe Medical Device Act 2012 (MDA 2012)...

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...

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...

Changes under the Franchise (Amendment) Act 2020
Shearn Delamore & Co., July 2020

The Franchise Act 1998 (FA) has been the main source of legislation which governs franchise businesses and the relationship between a franchisor and franchisee in Malaysia for more than 20 years. On 3 December 2019, the Franchise (Amendment) Bill 2019 was passed by the Lower House of the Parliament and received Royal Assent on 20 February 2020. Subsequently, the Franchise (Amendment) Act 2020 (the Amendment Act) was gazetted on 6 March 2020...

China Desk Alert – Malaysia COVID-19 Legal Update M&A Focus
Shearn Delamore & Co., March 2020

You or your Chinese clients may have investment in Malaysia (for example, subsidiaries (“MY Sub”)) and this serves as a guide for your reference. Pursuant to the Movement Control Order (“MCO”)[i], all business activities (save for essential services) in Malaysia must be suspended from 18 March 2020 until 31 March 2020. The duration of the MCO has since been extended until 14 April 2020[ii]...

Clarifying Turquand's Rule
Shearn Delamore & Co., June 2018

The rule in the case of Royal British Bank v Turquand 1 is commonly known as Turquand’s Rule or the indoor management rule. It stipulates that an “outsider” dealing with a company in good faith is entitled to assume that there has been compliance with the Articles of Association. You can also assume compliance with the by laws of the company and that the “outsider” need not question the formalities of the internal proceedings of a company...

 

 

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