Halim Hong & Quek

Corporate and Mergers & Acquisitions

Joint Venture

We have extensive experience in bringing together two or more established businesses to share their costs, resources and talents to accomplish a common objective through joint ventures. We advise clients in providing a business structure and entity, negotiating terms of joint ventures, drafting and preparing all relevant agreements and documentation.

Merger and Acquisition

Our Corporate Department’s experience is in both domestic and cross-border transactions. We advise clients in various industries in all aspects of merger and acquisition exercise including issues on transfer of ownership and business structure to enable strategic management and injection of synergy in their new business. We advise clients on the regulatory regime, assist clients to structure the transaction to suit the needs of our clients, and draft/negotiate transaction and/or documents such as share sale agreement, joint venture agreements, shareholders’ agreement and trademark licensing agreements.

Due Diligence

We conduct due diligence for corporate transactions where we help clients to gain clarity of the objective of due diligence exercise and insights into the relevant categories, subject matters and risks, which in turn has helped clients to make informed decisions. Inquiries are conducted ranging from broad based reputational inquiries to specific areas and its impacts on valuation of a deal or structuring.

Commercial Contracts

We assist our client to draft and negotiate all sort of commercial contracts (from the day-to-day operations to large scale commercial transaction type) including licensing, agency, supply, service and outsourcing agreements. We advise clients on matters arising or incidental to such commercial contract.

Legal Retainer Services

We want our clients to view us as an integral part of their team. We also provide legal retainer services to the clients’ in-house legal team by providing wide-ranging services from drafting, vetting and advising on documents and agreements with fixed monthly fees. Our retainer clients range from property developers, universities, steel & iron products manufacturers to infrastructure developer/contractor. Our retainer legal services packages are flexible and enable our client to tailor the package to meet their legal and budgetary requirements.

Corporate Advisory, Regulatory and Compliance

We help clients gain clarity on the complicated regulatory regimes, best practices in corporate governance and their role, responsibility and risk management within the regime. We work with the client to design and implement compliance policies. We constantly update clients on relevant developments, government policies and regulations in empowering them.

Incorporation and Setting-Up a Business & Foreign Investment

We provide comprehensive advice and guidance in setting up businesses in Malaysia, including incorporation of the relevant entity, regulatory advice applicable to the client’s business, land requirements, equity and capital requirements etc. We provide assistance and guidance to client in applying for licences or permits for e.g. manufacturing licence. Within this practice, we also assist clients for authentication of company documents.

Dispute Resolution

Accidents and Personal Injury

We specialize in accidents and personal injuries litigation including auto, workplace accidents and accidents resulting in death. We regularly represent victims in seeking for compensation, dependency claims and estate claims against tort feasors including the public authorities. Due to the nature of the area of practice, we emphatize with clients’ predicament. Working out customized services is one of our ways in helping clients to cope with their losses and in meeting their legal needs.

Arbitration & Adjudication

Our team provides a wide range of experience in conducting domestic and international arbitrations under a variety of institutional rules and on an ad-hoc basis. The firm is vastly experienced in choosing the suitable alternative dispute resolution framework outside of court. Among the considerations in this respect are costs, time efficiency, confidentiality and avoidance of exposure, as well as other legal considerations. The team has diverse experience in representing clients in complex and large-scale arbitration proceedings in all aspects of commercial and civil law. In addition to the above, our team also provides legal services in respect of construction related disputes specifically involving the Construction Industry Payment and Adjudication Act 2012. Our experienced team ensures that any payment dispute relating to construction works will be resolved in a speedy but interim manner and thereby facilitating the cash flow problem that exist in the construction industry.

Bankruptcy and Insolvency

We regularly represented judgment creditors in their recovery exercise through bankruptcy proceedings, from issuing of pre-bankruptcy demand notices to post-bankruptcy administrative proceedings including filing of proof of debt, creditor’s meeting and discharge. We also advise clients on other modes of enforcement of judgments including writ of seizure and sale and garnishment. We advise clients on strategic negotiations regarding debt restructuring deals and constantly seek the best options available to achieve workable restructuring plans.

Company and Shareholders’ Disputes

Our practice in dispute resolution includes resolving boardroom and shareholding disputes in corporations. Our dispute resolution team regularly represents directors and shareholders in resolving their disputes. We guide shareholders on pertinent areas in company law including minority shareholder’s rights, derivative actions and equitable winding up. In representing clients, we constantly explore ways to achieve the best possible outcome of dispute resolution including negotiation and mediation.

Criminal Defense

Our team is well versed with criminal justice system and regularly represent clients charged with various criminal and quasi-criminal offences including drug offence, business crime including unlicensed moneylending and copyright. We also provide advisory service and represent clients in both bailable and non-bailable criminal offences against persons and property.

Divorce & Family

Our team is experienced in providing advisory for a full range of family matters including contested divorce, injunctions against domestic violence, judicial separation, maintenance and financial planning in dissolution of marriage, guardianship, custody and access, adoption, legitimacy claims and referral service for private investigations.

Employment

We have a strong employment practice, routinely representing employers and employees in both their claims and defenses. We regularly advise employers on a full range of employment issues including unfair dismissal claims. We also advise employees with workplace disputes ranging from wages disputes, domestic inquiry, representing them in Industrial Court for adjudication of their claims and judicial review applications in the High Court. In representing clients, we constantly explore ways to achieve the best possible outcome in resolving their disputes including mediations and negotiations.

Estate & Trust

Our team provides counsel in all matters pertaining to estate and succession planning. We advise clients on drafting of wills, revocable and irrevocable trusts, power of attorney, related agreements and impacts. In addition, we represent clients in, amongst others, application for grant of probate and letters of administration and in their applications for distribution orders.

General Litigation

Our team has represented financial institutions, body corporate as well as ordinary man on the street in their debt recovery proceedings arising from goods sold and delivered, arrears of rental of premises, recovery of maintenance charges by developers and management corporations, recovery of arrears of maintenance in divorce proceedings. We provide total solution to debt recovery process, from issuing of demand notice to execution of judgments for payments.

Immigration

In line with the emergence of employment mobilization across borders, we provide advisory services for both individuals and companies on legal compliance of immigration and immigration related issues, including application, termination and renewal of employment pass, work permits, professional visit pass and dependent pass.

Insurance and reinsurance

Our team offers a ‘cradle to grave’ service from drafting and revising policy wordings to interpreting and handling complex coverage disputes vis a visa insurance and reinsurance claims within Malaysia. In addition to that, our team also provides services in relation to subrogation issues including but not limited to material damage and business interruption. The team undertakes both contentious and non-contentious insurance related works and has experience in compliance related matters via a vis the insurance industry in Malaysia.

Land Disputes

HHQ advises land owners, purchasers, settlers, tenants, lessors and lessees on a broad range of disputes including caveats, boundary disputes, trespass and possession of land. In land acqusition matters, we assist land owners in seeking for a fair compensation for acquisition of their lands by authorities by filing reference to the courts for adjudication. Developers, parcel owners and management corporation of stratified buildings have sought our advice in various issues pertaining to land and strata management.

Public Interest Litigation

HHQ’s participation in public interest litigation starts with its representation of the 1948 Batang Kali massacre incident. We represent the victims’ families in seeking redress for the killings from the high court in United Kingdom to now the European Court of Human Rights. We often provide pro-bono or cost-effective packages and other innovative funding to enable litigants to seek redress. We have vast experience in dealing with media and are able to strategically position our clients to put forth their predicaments to the media.

Real Estate & Project Development

Conversion, Amalgamation and Subdivision

Our team advises land developers and owners on all matters pertaining to conversion, amalgamation and subdivision of lands. Our advise encompasses issues such as category of land use, express condition and restrictions on title, procedures and premiums for applications pursuant to respective state rules. We work closely with the relevant authorities including the valuation department and the land offices.

Foreign Ownership and Occupation

We have received growing requests from foreign investors and citizens for advice and procedures in the area of ownership of properties for residential and investment purpose. We advise and assist non-citizens in obtaining the requisite consent from authorities for acquisition and perfecting purchase transactions.

General Conveyancing

We represent clients in sub-sale transactions for both landed and non-landed properties including mixed developments. We provide total solutions from conducting due diligence enquiries on the land and participating in negotiation process to handing to key and perfection of relevant transfer and charge documentation upon issuance of title in the later process. We also represent clients in conveyancing and transfer of ownership out of love and affection and car-parking agreements.

Home Ownership scheme

Fund My Home scheme

We have advised Developers on recent fund my home property schemes launched by The Edge Property in relation to the sale and purchase agreement with developers, purchasers and investors and other related documents.

Rent to own schemes

We have advised developers on their rent to own schemes where a sale and purchase is structured as a tenancy with subsequent option to purchase prior to the expiry of the tenancy term.

Land Acquisition

Our practice in real estate extends to land acquisition matters where clients accept the acquisition by relevant authorities and the compensation offered. We advise clients of the procedures and work closely with the authorities and land office to facilitate speedy payment of compensation to clients.

Leases and Tenancies

Our team is well versed with a wide range of matters pertaining to leases and tenancies of residential, commercial, industrial and retail premises. We regularly advise corporations as well as individual owners and tenants on preliminary queries on rental, drafting of related agreements and renewal of leases and tenancies.

Malay Reserve Lands

We provide advisory service to financial institutions, property owners and property developers on requirements and restrictions of dealings on Malay reserve lands in compliance with the Malay reservation enactments in the respective states of Malaysia.

Private Lease Developments

We have advised Developers on private lease developments in the Medini Iskandar Development region where Iskandar Development Bhd is the proprietor of the land selling a 99 years master lease concessionaires to Developers to develop on the said land and subsequently subdivided to be sold to end-purchasers as individual lease projects.

Project Development

We advise on guarded neighborhood community under Schedule H or Schedule G statutory agreements, landed strata with gated and guarded development under Gated and Guarded Community (GACOS) housing schemes and with either the club house or the community area being designated either as common property or developer parcel. We also provide advisory services on development of industrial land and commercial areas. Developers and purchasers were informed of their respective rights and duties during the defect liability period. We act as stakeholder for the housing projects during the defect liability period.

Real Estate Tax

Our team is well versed with real estate tax, which includes stamp duty, real property gains tax, goods and services tax and municipal tax. We advise clients on the rates, exemptions and timeline to pay any payable tax on purchase of real estate. We regularly guide companies on terms and conditions of tax exemption in share transfer exercise of intergroup companies.

Strata Management

We advise on all issues relating to strata management ranging from Sijil Formula Syer Unit (SIFUS), submission of schedule of parcels, amendments of schedule of parcel, recovery of debt and matter relating to the Strata Management Tribunal. We advise developer, Joint Management Council and Management Committee on the conduct and constitution of the General Meeting. We also chair or assist the conduct the First AGM of the Joint Management Body and Management Council.

Urban and Township Development

In Malaysia, Urban and Township Development are becoming increasingly essential for the creation of an attractive and sustainable environment that promotes economic vitality, social equity and environmental quality. It provides a range of commercial and residential unit sizes and options and usually is a combination of residential, commercial, industrial, office, institutional, or other land uses.

We involve from the very initial stage for new project development, starting from advising the whole master plan, perusing architect’s drawings and specification and giving advices accordingly. We then facilitate these developments by completing the sale and purchase, loan transactions and advising on the legal framework for the development of an integrated township.

Our track records feature engagements by numerous well-known developers in the urban and township development. For details of the projects that we have advised, please contact our Real Estate and Project Development department.