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Malaysia Legal Questions answered by Lawyers

Browse our 41 legal questions in Malaysia and read the lawyer answers, or ask your own questions for free.

Property transaction: I bought property in Phnom Penh through a real estate company. I recently found out that the real estate company did not process the novation agreement between it and the developer, and the developer recognizes only the real estate company as the owner. I cannot contact the person in charge... Read more →; Lawyer answer by mohammad mehdi ghanbari

On the facts provided, your contractual claim is primarily against the real estate company. Until the novation, assignment, or developer-approved transfer is completed, the developer may lawfully treat the real estate company as its only contractual buyer. Your agreement with...
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How do I enforce a foreign arbitration award in Malaysia against an overseas supplier who breached our contract?: Our Kuala Lumpur-based distribution company recently won an arbitration award in Singapore against a supplier for non-delivery of goods. The supplier has assets in Malaysia, but they refuse to pay the awarded damages voluntarily. What is the standard process in the Malaysian High Court to register and execute this international... Read more →; Lawyer answer by mohammad mehdi ghanbari

Because the award was made in Singapore, it is a foreign award for Malaysian enforcement purposes. The usual procedure is to apply to the High Court of Malaya under sections 38 and 39 of the Arbitration Act 2005, which gives...
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Tunggakan bayaran: Saya merupakan subkontraktor pengangkutan sawit, namun kontraktor enggan membayar RM31,000. Apakah tindakan yang perlu saya ambil dan berapakah anggaran kos guaman?; Lawyer answer by mohammad mehdi ghanbari

Anda disarankan mengumpulkan semua bukti terlebih dahulu, termasuk kontrak atau arahan kerja, invois, rekod perjalanan dan penghantaran sawit, resit, pengesahan penerimaan kerja, penyata akaun serta mesej atau komunikasi berkaitan bayaran. Langkah awal ialah menghantar surat tuntutan rasmi melalui peguam kepada...
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Malaysia Legal Articles

Browse our 42 legal articles in Malaysia written by expert lawyers.

Buying Property in Malaysia as a Foreigner: Legal Checklist: 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. For a typical subsale residential purchase, expect completion in about 3-6 months and total transaction costs (stamp duty, legal fees,... Read more →
Malaysia Foreign Direct Investment (FDI) Setup Checklist: Most manufacturing and high-tech sectors allow 100% foreign equity ownership, though regulated industries like logistics, upstream oil and gas, and distributive trade enforce local equity quotas. While the statutory minimum capital to register an Sdn Bhd is just RM 1, sponsoring expatriate Employment Passes in a 100% foreign-owned entity requires... Read more →
Malaysia Regional HQ Compliance: Avoid Governance Mistakes: Malaysia Regional Headquarters Compliance: Corporate Governance Mistakes Foreign parent companies operating regional headquarters in Malaysia face strict liability under local corporate laws. Remote management from an overseas head office is not a legal defense. Appointing passive nominee directors to satisfy local residence requirements exposes both the company and the individual... Read more →

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