Wong Wei Fan & Co

We advise corporations, local and government linked corporations, quasi - governmental agencies, financial institutions, merchant bankers, underwriters, issuers, originators and investors on a myriad of matters, which include:

• company secretarial and regulatorymatters;
• consultancyagreements;
• commercialagreements;
• operation and maintenanceagreements;
• distributorship and agencyagreements;
• sale or supply of goods andservices;
• domestic and cross-bordertransactions;
• employmentadvice;
• formation and structuring of corporateentities;
• franchising andleasing;
• joint ventures andpartnerships;
• HRadvisory
• VoluntaryWinding-Up

Our experience covers syndicated loans, project financing, corporate loans and Islamic banking transactions. We advise on banking issues, documentary credits, giving legal opinions and also advice on new schemes of financing introduced by the banks into the market.

Our areas of expertise include:

• RetailBanking

Term loan, short-term loan, housing loan, overdraft, revolving credit, bridging loan, master-end financing and trade line facilities.

• CorporateBanking

Acquisition finance, bilateral loans or syndications (secured and unsecured), debt restructuring arrangements, cross borders credit and loan facilities in Ringgit and/or foreign denominated currencies.

• Debt Capital Markets/StructuredFinance

The issuance of bonds in the form of commercial papers and/or medium terms notes (CP/MTN), asset backed securitisation (ABS) and other asset financing, Islamic and conventional and equity linked debt issues such as warrants and loan stocks.

• ProjectFinance

Projects in the provision of real estate, infrastructure such as highways and bridges, ship building, leisure facilities and plantation projects.

• IslamicFinance

Al-Bai Bithaman Ajil (BBA) term financing, Musharakah financing, Islamic overdraft facility, Istisna’ financing and Islamic trade-financing under Ijarah Thumma Al-Bai’. Other Syariah principles generally accepted in the Malaysian Islamic financing market such as the principles of Murabahah, Bai' Inah, Bai Al-Dayn, Kafalah, Al-Wakalah, all of which commonly adopted for trade and bilateral Islamicfinancing.

We provide services to the local banks in all spheres of banking litigation, formal and informal debt restructuring, private debt work-outs and in various regulatory proceedings. Our practice involves all aspects of debt recovery claims by banks and financial institution including claims pursuant to syndicated loans, trade financing facilities, private debt securities and share margin transactions.

We also provide services in the fields of civil and commercial disputes, with the objective of helping our clients to resolve their disputes in the most efficient manner, whether through litigation, mediation or arbitration.

Our areas of expertise include:

• Construction disputes;
• commerciallitigation;
• disputes involving breach ofcontract;
• factoring, hire purchase, leasingclaims;
• insolvency advice pertaining to liquidation,special administration, restructuring, receivers and managers’
• motor vehicle claims anddefence;
• employmentdisputes;
• landlord and tenantdisputes;
• distress action;
• partnershipdisputes;
• joint venture and shareholderdisputes;
• defamation
• tortious disputes such as defamation or negligence;and
• injunction application.

Our Counsels are also in practice with the full coverage of Criminal law services which range from Penal Code Offences, Drug Offences, Commercial Crime, Firearms, and other related criminal offenses

We provide services from the date of Arrest, Remand, Charge, Plea Bargaining, Trial up till to the appellate stage of the matter, and every case is taken care of individually by the counsel as criminal cases may vary according to the facts of the case.

We provide services for both the Claimant and Company whereby for Claimant our services starts from the date of termination, obtaining consent from the Ministry of Human Resources, filing of Statement of Case and Hearing before the Chairman of Industrial Court.

For Company our services range from the advice of the construction of Collective Agreement (CA), Unions Rights, Companies Rights, Domestic Inquiry and we also provide services of construction of employment Contract.

We provide will-writing services from simple to complex properties distribution of movable and immovable assets which include shares, stocks, fixed assets, vehicles, bank accounts, securities, personal belongings and pets. We also provide the services of executor, administrator and acting as custodian of thewill.

We provide services which involve Divorce which comprises of the issues from Joint Petition, Single Petition, Rights of Custody, Guardianship, Care and Control of children as well as the application involving matrimonial property.

For cases which falls under the category of Annulment, we provide services ranging from legal consultation up till the matter resolved at Court.

We also provide services for Adoption matters whereby our services initiate from legal consultation to filing the Summons and until the extraction of the Adoption Certificate.

We advise on a wide scope of property transactions for real estate matters including residential, commercial, retail, industrial property, and land. We represent vendors, purchasers, property developers, contractors, and financiers in a considerable variety of matters such as:

• applications to the relevant regulatory bodies and authorities for consent pertaining to dealings with landed and non-landed matters;
• assignment and vesting of rights in landed and non-landed property;
• charges and other forms of securities either provided for in the Malaysian National Land Code 1965 or any other land legislation or otherwise;
• financing of property purchase or security;
• discharge of securities and loan for disposal of property;
• housing and other land development projects for residential and commercial properties;
• technical due diligence exercise;
• issues relating to strata titles and building and common properties;
• sale and purchase of residential, commercial, industrial properties, land, and auction properties;
• tenancies, leases, and licenses of residential, commercial, and industrial properties;
• residential and commercial development project;
• real property gains tax advice; and
• general taxation advice.

We have guided individual clients who want to recover unpaid sums of money whether arising from a written agreement, a verbal agreement, an unpaid invoice, freelancer payment or friendly loan. We tailor our solutions to our clients requirements in a professional and transparent manner. Our range of services are geared to demonstrating adherence to laws, regulations, guidelines and specifications in Malaysia with practical and creative solutions.

We have assisted corporations for the recovery and collection of payment whether arising from goods sold and delivered, services provided and rendered, construction payment, credit terms and statement of account which is due and payable. Our clients reputation is our top priority. We take time to understand your needs and aim to provide solutions that pursue unpaid debts in a cost-effective manner while still preserving a good relationship with your customer.

We have advised to our Clients who may adopt the following measures for enforcing an order in their favour. Factors such as costs, time, types of asset owned by the debtor, etc. are to be taken into account to decide which of the below is the most effective way to enforce a judgment.  Below are a few ways to enforce a judgment in Malaysia:

• Judgment Debtor Summons
• Bankruptcy Proceeding
• Winding-up Proceeding
• Writ of, Seizure and Sale
• Garnishee Proceedings
• Charging Order