INTRODUCTION Winding up, also known as liquidation, is often described as a “death sentence” of a company.[1] This is because, a process of winding up a company results in its closure, with all assets being sold or liquidated to pay off debts. Any remaining proceeds are then distributed to the contributories i.e. mainly the shareholders. BACKGROUND There are two processes for a company to be wound up in Malaysia (i.e. voluntary winding up and compulsory winding up). Both proc

INTRODUCTION In Sarawak, during these recent years, there has been a rise in the number of sale and purchase transactions of housing accommodations or residential properties (“the properties”) under construction sold by various licensed housing developers (“the developers”). The Housing Development (Control and Licensing) Regulations 2014 (“the Housing Development Regulations 2014”) provides for the standard format of the contract of sale to be adopted within the State of Sar

(1) INTRODUCTION It is evident that there has been an increase in the housing developments of strata titled properties by various housing developers throughout Sarawak in these few years. Strata titled properties consist of buildings or land intended to be subdivided into parcels and subdivided building or land [including condominiums, apartments or townhouses with share facilities, landed properties in a shared development, “small office, home office” (SOHO), “small office,

(1) INTRODUCTION 1.1 In Sarawak, there are many leasehold lands in which the term or tenure thereof are subject to renewal conditional upon payment of a premium. The registered proprietor or through his/her appointed agent (“Applicant”) may submit the application for renewal of land lease at any time before the expiry of the existing lease to prevent any complication in respect of the matters and dealings relating to the land. 1.2 The application for renewal of land lease c

Current RPGT Rates (as of Year 2025) RPGT Rates Individuals (Malaysian Citizens / Permanent Residents) Companies / Trustee / Society registered in Malaysia Foreigners (Non-Citizens / Executor of Estate of Deceased Non-Citizen / Companies not registered in Malaysia) Disposal in 1st Year 30% 30% 30% Disposal in 2nd Year 30% 30% 30% Disposal in 3rd Year 30% 30% 30% Disposal in 4th Year 20% 20% 30% Disposal in 5th Year 15% 15% 30% Disposal in 6th Year & beyond 0% 10% 10% What is

Source: Malaysia Department of Insolvency & TheStar Total Number of Bankruptcy Cases Administered as at June 2025 119,297 Total Number of Bankruptcy Cases Administered from Year 2021 to June 2025 26,060 Total Discharge of Bankruptcy Cases under the Second Chance Policy (introduced in Oct 2023 during the tabling of Budget 2024) as at July 2024 142,510 (** Discharge threshold under the Second Chance Policy – to cover bankrupts aged 40 and below with debts not exceeding RM200,00

“Bankruptcy is a legal proceeding in which you put your money in your pants pocket and give your coat to your creditors” - Joey Lauren Adams BANKRUPTCY VS. INSOLVENCY The terms “Bankruptcy” and “Insolvency” are often used interchangeably. Despite this, both terms refer to two different things. The latter refers to the financial state by which an individual and/or debtor is unable to meet their financial obligations and/or debts as they become due while the former is the le

In Malaysia, there are two methods for a person to be released from the status of bankruptcy, either through annulment of the bankruptcy order or through discharge as follows: (i) Annulment order under Section 105 of the Insolvency Act 1967 (“IA 1967”); (ii) Discharge by Court Order under Section 33(3) of the IA 1967; (iii) Discharge by the Director General of Insolvency (“the DGI”); and (iv) Automatic discharge under Section 33C of the IA 1967. A discharge in bankruptcy mark

Memento mori, the term which translates from Latin as “remember you must die” is a reminder of the inevitability of death, as that it is “the price that all men pay”[1]. Before death, an individual can ensure the administration of their estate in accordance to their wishes by preparing a valid Will stating how the estate is to be distributed after they have passed. In Sarawak, the executor/executrix of a Will is required to apply for a grant of probate at Amanah Raya Berhad o

30 June - 4 July 2025 - Kuala Lumpur KL ADR Week 2025, organised by Legal Plus and L2-icon International, was a premier regional event focused on Alternative Dispute Resolution (ADR) and construction law, featuring a 1.5-day Construction Claims and ADR Conference alongside a series of partner-led sessions throughout the week. Under the theme "Inclusive and Sustainable Dispute Resolution: Responsible ADR for a Stronger ASEAN", the five-day event brought together industry exper

3 July 2025 - Kuala Lumpur “Behind the Gavel” authored by Tun Tengku Maimun binti Tuan Mat, the first female Chief Justice of Malaysia, was launched just two days after the conclusion of her distinguished judicial tenure. Renowned for her landmark rulings, judicial wisdom, visionary leadership and unwavering commitment to justice, this book is a thoughtfully curated compilation of her trailblazing judgments and speeches spanning her illustrious career. There to witness and su

5-9 May 2025 - Kuching, Sarawak Borneo ADR Week marked its return this year with a rich slate of events and sessions focused on alternative dispute resolution (ADR). In his officiating remarks, Deputy Prime Minister Datuk Seri Fadillah Yusof recognised Borneo’s growing importance as a key player in ASEAN’s future, noting that the region stands at the threshold of increased cross-border commercial ties and investment networks particularly in vital sectors such as energy, log

11 January 2025 - Swinburne University of Technology Sarawak Campus, Kuching The Inns of Court Malaysia (ICM) hosted its tenth Legal Education Series (LES) at Swinburne University of Technology Sarawak Campus, Kuching, on 11 January 2025. First launched in 2018, the LES is ICM’s flagship initiative aimed at refining the skills of legal professionals while ensuring they remain current with evolving legal standards and developments. Speaker of Session 1, Professor Dr. Jason C

11 January 2025 - Borneo Cultures Museum Restaurant, Kuching Members of the legal fraternity who included judges, in-house legal counsels, lawyers and law students from Universiti Malaya and Segi College Sarawak gathered for the Grand Night Dinner at the Borneo Cultures Museum Restaurant in Kuching on 11 January 2025. It was a privilege to have been graced by Special Guest of Honour - the Governor of Sarawak, Tun Pehin Sri Dr. Haji Wan Junaidi bin Tuanku Jaafar together with

10 January 2025 - Kuching, Sarawak This year’s Ceremonial Procession for the Opening Legal Year of Sabah and Sarawak took place in Kuching, Sarawak. Some 600 members of the legal fraternity who included judges, lawyers, pupils, and delegates from Taiwan, Singapore, Hong Kong, and Peninsula Malaysia convened at the Old Courthouse as early as 6 am, in full regalia, to participate in the Procession. To commemorate this special occasion, group photography sessions commenced befo

4 January 2025 - Northbank Club Kuching Trading the office uniforms for more celebratory attire, we came together at the Northbank Club Kuching for our annual dinner. Everyone took turns delivering a personal toast or speech - some spoke from the heart, others cracked jokes - but each one was heartfelt in its own way. Whether a new member of the firm or a colleague entering their 10th or 20th year, this year’s dinner brought us all even closer together.

4 January 2025 - SK Pendidikan Khas As part of our ongoing commitment to social responsibility and community engagement, we paid a visit to SK Pendidikan Khas again this year, reconnecting with some familiar faces and meeting new ones. During this meaningful visit, we had the chance to catch up on past year’s developments and reconnect with the school teachers and children, while continuing a tradition that deeply reflects our firm’s values.

3 September 2024 - Asian International Arbitration Centre, Kuala Lumpur Yayasan Tan Sri Profesor Ahmad Ibrahim (YTSPAI) hosted the Opening Ceremony of Malaysian Law Students Legal Aid Convention 2024 (MALLAC 2024) at the Asian International Arbitration Centre in Kuala Lumpur in a bid to create a space which drives students and the public to engage actively in the intellectual and critical discourse of legal aid issues in our country. The Chief Justice of Malaysia, the Rt. Hon

27 August 2024 - Auditorium, AIAC, Bangunan Sulaiman The International Arbitration Congress 2024, organised by the Asian International Arbitration Centre (AIAC) in August 2024, was the first of its kind. This successful congress saw legal experts share their expertise and views centered around international arbitration, with an emphasis on regional unity among arbitral institutions, on the establishment of the courts of arbitration, and on what it takes for an institution t

15-19 July 2024 - Kuching, Sarawak The Borneo Alternative Dispute Resolution (ADR) Week 2024, jointly organised by Legal Plus and L2 i-CON International, was held from the 15th to the 19th of July across various locations in Kuching. Over the week, attendees witnessed many engaging discussions and heard many valuable perspectives from high-calibre legal professionals, construction experts, industry leaders and various esteemed organisations and ADR communities on a series of