Legal Buzz
Women’s Rights Post Divorce - Islamic Jurisprudence
Marriage is a lifetime commitment. However, there are circumstances whereby the marriage may end unexpectedly either by divorce or death of either partner. It is undeniable that in most cases than not, women are more affected emotionally or financially as a result of a divorce or death of a partner. Women are more vulnerable in the event of marriage breakup. First, because not all women have an independent means of income. Many have to give up their careers to care for children. By the time they are forced to get back on their feet they probably have missed the age of employability denying them the opportunity to steady income.
Think BITCOIN? - Similar Digital Assets in Malaysia
When Bitcoin was first introduced people was sceptical into investing something that was thought too risky. However after few years in the market its value skyrocketed that many missed the golden opportunity to invest when it was affordable. For those who took the risk of the unknown, their investment inflated in a few folds.
New Malaysia, Fresh expectation
As we begin this new year and embrace the open accepted slogan of New Malaysia (Malaysia Baru), all it means for the people is an aspiration for a new, clean, corrupt-free government. The desire and hope for a clean administration is not only confined to public administration but also to corporations be it big, medium or small enterprises in a transparent and ethical dealings.
Good governance - Failures and Hopes
Since the financial crisis in 1997, corporate governance became a key policy issue in Malaysia as well as other Southeast Asian countries affected by the crisis. Many analysts believed that what led to the financial crisis in Malaysia and in most Southeast Asian counties was due to distorted governance structures. The standards of corporate governance were poor in these countries characterised by conduct such as petty bribery, favouritism, corruptions and economic tribalism. Business environments are not governed by sound legal system but rather to have more personal connections and relationship in disregard of investors protection.
ISO Certified - Should or should not?
Contrary to some suggestions that ISO Certification is a mere marketing tool, various research show that not only it benefits an ISO certified organisation but also empowers its employees and more importantly benefits to customers. The ISO 9000 international quality series provides a framework for a management system (QMS). It lays down standard requirements and if understood and implemented properly, it brings greater benefits especially to those who are internally motivated to implement the QMS than those who use it due to external pressures.
What ABOVE or BELOW LAND belongs to you?
A new dimension is on the way in the latest amendment to the Land Acquisition Act (Amendment) 2016 “LAA (A) 2016” for what we all know for public purposes and/or economic development purposes. The LAA (A) 2016 expands the law to include compulsory acquisition of sub-divided buildings. In response to this amendment, a new feature in the amendment to S.122 (d) of the NLC is that it will give power to the state authority to permit the use of more than one land use for any building. The amendmentto LAA (A) 2016 also includes a new subsection to provide for the acquisition of underground land. It stipulates that a plan that describes the extent and depth of the area of the underground land to be acquired must be prepared by the land administrator.
SMEs Upward Trend
In 2016, SME report was themed “Breaking Barriers” which meant for SMEs to make necessary adjustments to overcome challenges in facing a new business era on Industrial Revolution 4.0, digitisation and technological convergence, regional integration and other mega trends. In the last one decade, Malaysian SMEs growth exceeded that of the overall economy which saw an average growth of SMEs annual rate of 6.7% compare to the overall average growth of the economy of 5.3%. As a response to this favourable growth, under the Eleventh Malaysia Plan (11MP), entrepreneurship has been identified as one of the national priority areas towards attaining Vision 2020.
Legal Advisory – Is it necessary?
The first question that any business owner need to ask is whether he is legal savvy. With making sure that the business grow at certain rate and direction, it is undoubtedly impossible to divert the frame of mind into the nitty gritty of legal matters. However, it is one of matters that a business minded alike not to take lightly. Any noncompliance of law or regulations, for example, no matter how trivial could lead to a mountainous hiccups in the business operations. Inability to understand legal implications ofdocuments signed or misinterpretation of legal lines no matter how simple it may look is another problem that may lead to unwanted legal battle and lead to millions of loss in business dealings.
Uncertain NEW YEAR 2017
Welcome to year 2017! As we usher the New Year 2017, Malaysians are hopeful for a better year. Every sector of lives has been affected. We heard and read of people losing jobs or agreed for payreduction just to stay with a hope that things will turn around soon. However, reality might be different from what is apparent to our eyes. Most Malaysians are already cutting spending and this affects small enterprises. While many say the current economic crisis is a replica of the 1997 recessions, many have predicted that we are probably heading worse than 1997 and 2008 with impact to be felt much in 2018.
PROBATE Execution of a Will
Have you ever wondered what will happen to your property upon your death? Many are thinking that by leaving a written will at the solicitor’s office will suffice. Many are not aware that the WILL in mind, will only take effect once executed. The question is how do we execute written will left by our loved ones?.
Is Will Valid in ISLAM?
Contrary to the popular belief that Muslim cannot create will, the opposite of it is true. The confusion was among the Muslim was caused by section 2 (2) of the Wills Act 1959 (Revised 1988) which states that “This Act shall not apply to the wills of persons professing the religion of Islam whose testamentary powers shall remain unaffected by anything in this Act contained”. This article shall discuss the enforceability of the will created by Muslim. .
DIVORCED, Why?
When a couple decide to tie the knot, it is the happiest and should be the most memorable day of their life time. Once announce, it is a news that make their families and friends excited for the ceremonies to follow. For some who could afford, it is the time to throw their most expensive party. Indeed, marriage is an expensive endeavor. For some it will last “till death do us part” but for some unfortunate ones, it is costly and deadly endeavor!.
CONSTRUCTION INDUSTRY – Cash flow solved?
The Construction Industry Payment and Adjudication Act 2012 ('CIPAA') has come into operation effective 15 April 2014. Section 2 of the Act states that the Act applies to every construction contract made in writing relating to construction work carried out wholly or partly within the territory of Malaysia including a construction contract entered into by the Government.
HEALTHCARE – whose benefit is it for?
Healthcare sector is one of the most rapidly growing sectors in the world economy. The lucrative market of healthcare has led to the mushrooming of private healthcare facilities. The implications of commercialisation of medical practice may be positive as well as negative.
Transboundary pollution – Can I sue you?
Almost every year we talk of air pollution known as HAZE emitting from Indonesia engulfing its neighbouring countries especially Malaysia, Singapore and Brunei. In recent weeks we are faced with similar predicament choking our children forcing schools to close. How long do we have to endure? Is there anything that could be done?
Homebuyers Claim Tribunal
Amendment to the Housing Developers (Control and Licensing)(Amendment) Act 2001, paved the way for homebuyers to bring an action against developers in a Tribunal. It is indeed a kind of relief for some homebuyers as they have the option to refer their complaints to a Tribunal. A Tribunal is comparatively faster and cheaper compare to actions brought to the normal process of court.
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Companies Bill 2013 – flexing way to do business?
With the Government’s effort to encourage the development of Small Medium Enterprises, the proposed amendment to the Companies Act seems to move into that direction. The Companies Bill 2013 flexes some rigid constraints in the existing provisions in the Companies Act 1965 although at the same time tightens some existing flexibility.
Corporate - Governance
In today’s world of global business, companies play an important role in society not only locally but globally. Companies have become one of the most powerful institutions besides government. In fact in some instances some government policies are tended towards favouring business development either locally or to attract investments from companies abroad.
Dream House shattered in Abandoned Housing Projects?
Excited for a brand new home? Of course! Most of us are not fortunate enough to inherit dream homes. Some work half of their entire lives to save enough to pay down payment for either brand new home or through sub-sale.Buying ready-made house through sub-sale is almost risk free in the sense that you have the opportunity to inspect the house before deciding to own it.
Shariah Compliance - WIDE Opportunities
Fakihah Azahari, in her paper “Shariah Audit in a Legal Process: Future Growth in Specialised Skills”[2013] 6 MLJ xciii, interestingly open the discussions on the subject. In her paper, she widely opens the possibilities that there are many areas of Shariah compliance in business environment remained untapped.
Ready for GST?
Are you ready for the Goods and Services Tax (GST)? Much have been talked about the Goods and Services Tax (GST) and its implications for Malaysia. Even before its implementations, Malaysians of all walks of life are nervous and some have resorted to go on the streets to express their concerns.
Why Wills?
Losing love ones is a painful experience especially if their departures is unexpected. It puts peoples' lives left behind momentarily at a standstill until they make sense that life has still to go on. Once the emotional struggle to cope with the loss is over financial struggle comes in many faces possible.
Need Money Help?
Our current way of life, it is almost impossible not to have clean record of not borrowing. Borrowing in the wider sense of taking loan from another person either natural person or corporation licence to lend money. Taking loan is not an easy decision. One has to balance one’s needs against ability to repay.
What In A Mark?
Often business owners enter the market and to be identified or to make their presence felt in the market. One way of doing so is having a particular identity to be different from the rest of their competitors. It is more so apparent for those who truly believe that their products or services have special features and offer better quality than those existing in the market.
Ready To Buy A HOME?
When you decide to purchase your dream home it could be the most exciting move you have ever made in your life. Imagine the thought of finally owning your own home. Even before you have own it you have already have all the plans at the back of your mind. PAUSE. Don’t rush!. Have you check your loan approval to finance the purchase? If you pay a booking fee, would you be able to get a refund if you later cannot secure the loan?.
OWN BOSS : Be or Be Not?
Starting a business can be an exciting journey. You may decide to be a sole proprietorship, often called “free-style” business. In a sole proprietorship, you are your own boss. You are accountable to yourself, reap all the profits or solely bear the losses from your very own decision.
Employment Agreement : To Have or Not To Have?
To employ and getting employed is a happy occasion for both employee and employer. It is the beginning of joyful relations of a win-win situation. Or is it?. This article is to give an insight for the need for both, the employer and the employee, to have an employment agreement in writing at their workplaces.