Author Archives: admin

Laws on Franchising 101

By Gan Jer Nynn & Dickson Loo   Introduction How is McDonald’s (“McD”) so successful? While due credit should be given to their iconic crispy fries, their franchising programme also played a vital role in the expansion and development of the McD brand worldwide. In fact, according to McD’s website, its franchising programme is so[Read More]

Asset Management in Malaysia

By Dickson Loo & Joseph Cheah   Introduction ‘Asset management’ or ‘capital market activities’ are general terms used to describe a plethora of exercises, including dealings with securities, private retirement schemes, and financial planning. How exactly are these activities governed in Malaysia? What safeguards are afforded to investors and the general public? In this article,[Read More]

Non-Fungible Tokens – 3 Legal Considerations

By Joseph Cheah   On 11th March 2021, Mike Winkelmann – a digital artist more popularly known as Beeple, has sold his artwork ‘Everydays – The First 5000 Days’ in an auction for $69.3million. The auction house that sold this artwork, Christie’s, said that this makes him the top three most valuable living artists. What’s[Read More]

Guide to Labuan Tax

By Dickson Loo & Joseph Cheah Introduction Unlike a standard ‘Sdn Bhd’ company incorporated under the Companies Act 2016, a Labuan company established within the special economic zone in the Federal Territory of Labuan is afforded a low tax regime. As a company incorporated under the Labuan Companies Act 1990, it is generally only required[Read More]

Lessons from Malaysiakini Contempt Proceedings

By Joseph Cheah On 19th February 2021, the Federal Court has fined online news portal Malaysiakini for contempt of court over readers’ comments. Interestingly, the Attorney General had recommended a fine of RM200,000 only, however the Court had imposed a fine of RM500,000 instead.   The Facts: On 9th June 2020, Malaysiakini had published an[Read More]

Trademark Infringement in Shopee Platform

  Facts: A&M Beauty Wellness Sdn Bhd (“A&M”) is a personal care company and has skincare and beauty products. It sought an injunction against Shopee to force them to remove all products bearing the ‘AM’ brand (until conclusion of a trial).   Decision of the Court: Shopee is not obligated to remove the products. The[Read More]

Federal Court : LAD for late delivery of home to be calculated from the date of payment of booking fee

By Joseph Cheah In a landmark decision by the Federal Court on 19th January 2021, the Court held that if the developer fails to deliver vacant possession within the stipulated time, the calculation of the Liquidated Ascertained Damages (“LAD”) shall begin to run from the date of payment of the booking fee. A.     [Read More]

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