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46 legal articles
A foreign national can be a director of a Malaysian company. Nationality does not decide eligibility. Every private company still needs at least one director whose principal place of residence...
Company approval comes first: You cannot apply for foreign worker visas until your Malaysian corporate entity activates an account on the Expatriate Services Division (ESD) portal. Paid-up capital is non-negotiable:...
Before sending a termination notice, identify the right you are exercising. The main routes are an express contractual right, repudiatory breach or renunciation, late performance where time is essential, mutual...
Should You Adjudicate or Arbitrate First? Cash Now vs. a Final Award Foreign contractors in Malaysia often ask which route to take: statutory adjudication under the Construction Industry Payment and...
Most real estate in Peninsular Malaysia is governed by the National Land Code 1965, with separate land laws in Sabah and Sarawak. Always verify which regime applies to your property....
Commercial arbitration in Malaysia is governed by the Arbitration Act 2005, which is based on the UNCITRAL Model Law, ensuring a framework that aligns with international standards. The Asian International...
Stamp duty is now self-assessed: Since 1 January 2026, commercial agreements are stamped under the Stamp Duty Self-Assessment System (SDSAS) on MyTax. You calculate and pay the duty yourself, so...
Malaysia's Global Services Hub (GS-Hub) incentive taxes qualifying income at 5% (Tier 1) or 10% (Tier 2) . New companies get the rate for an initial 5 years, renewable for...
Malaysia Foreign Manufacturing: Principal Hub vs Standard Subsidiary Standard manufacturing subsidiaries are ideal for straightforward localized production, while Principal Hubs suit multinationals managing regional operations and supply chains. A Principal...
Labuan companies engaged in trading activities enjoy a low corporate tax rate of 3% on net audited profits, provided they meet economic substance requirements. To maintain tax benefits, entities must...
The Companies Act 2016 provides three primary corporate rescue mechanisms: Corporate Voluntary Arrangement (CVA), Judicial Management (JM), and Schemes of Arrangement. A moratorium is a legal "shield" that prevents creditors...
Malaysia is a signatory to the Madrid Protocol, allowing international brands to streamline trademark registration through a single application. Intellectual property enforcement is managed by the Intellectual Property Corporation of...
Expanding a Tech Business to Malaysia: Corporate Law FAQ 100% foreign ownership is permitted for most technology companies in Malaysia, especially those securing Malaysia Digital (MD) status. Incorporating a Sendirian...
Foreign investors can retain 100% equity in Malaysian joint ventures by securing Malaysia Digital (MD) status. This bypasses traditional local ownership quotas. Separate pre-existing background IP from newly created foreground...
100% Foreign Ownership: Multinational tech companies can fully own their Malaysian subsidiaries and avoid the need for local joint-venture partners. Malaysia Digital (MD) Status: Acquiring MD status provides tech firms...
Wasiat vs. Standard Wills in Malaysia: Probate Costs and Estate Planning Mistakes for Expats Malaysia uses a dual legal system for inheritance, applying Syariah law (Wasiat) for Muslims and civil...
Universal Employment Act Coverage: Recent amendments mean the Malaysian Employment Act 1955 now covers almost all employees regardless of salary, fundamentally changing overtime, leave, and working hour policies for tech...
Visas Dictate Validity: Employment contracts must be legally contingent on the successful issuance of an Employment Pass (EP) by the Expatriate Services Division. No "At-Will" Employment: Terminating an expatriate requires...
Malaysia's Strategic Trade Act (STA) 2010 heavily regulates the export, transshipment, and brokering of dual-use goods, including electronics, software, and manufacturing equipment. Multinational manufacturers must classify their inventory using the...
Malaysia operates a dual legal system. Non-Muslim family matters go to Civil Courts, while Muslim family matters are handled by Syariah Courts. The Law Reform (Marriage and Divorce) Act 1976...