Jurisprudentia Q4 October - December 2021: Rahmat Lim & Partners

21 January 2022

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Banking & Finance

BNM issues exposure draft on payment system operator

BNM issues exposure draft on code of conduct for wholesale financial markets

Instruments executed under BNM High Tech Facility - National Investment Aspirations exempt from stamp duty

BNM issues exposure draft on financial reporting for Takaful operators

Capital Markets

SC issues revised guidelines on unit trust funds

Bursa Malaysia becomes one-stop centre for ACE Market IPOs and prospectus registration

SC invites public feedback on sustainable and responsible investment taxonomy

SC revises SPAC framework

Bursa Malaysia issues updated corporate governance guide

SC issues Corporate Governance Strategic Priorities 2021-2023

Competition

MyCC releases market review on selected transportation sectors in Malaysia

Employment, Health & Safety

Scope of Self-Employment Social Security Act 2017 expanded from 1 October 2021

Energy, Infrastructure & Projects

Malaysia introduces new Green Electricity Tariff scheme

Energy Commission issues revised guide for cross-border electricity sales

Intellectual Property

Litigation

Federal Court rules Muslims cannot be made party to non-Muslim legal marital disputes

Federal Court holds judicial sale of land under section 257 of the NLC does not give rise to contractual relationship between chargee and successful bidder

Court of Appeal clarifies principles pertaining to law of disqualification

Court of Appeal holds company’s constitution does not give rise to an indemnity for directors

Real Estate

Federal Court clarifies effective date for approval of change in condition of land title and legality of tenancy for commercial use of residential land

Federal Court rules statutory lease not enforceable by private law

Federal Court rules on interest of subsequent purchaser in land obtained by fraud

Tax

Amendments to Stamp Act 1949 proposed via Finance Bill 2021

Technology, Media & Communications

Cloud service regulation introduced to increase accountability for user data security and sustainability of services

General

Federal Constitution amended with effect from 15 December 2021

Publications

The Asset Tracing and Recovery Review (9th Ed, 2021): Malaysia chapter

Deals

Advised Malayan Cement Berhad on the acquisition of the equity interest of 10 companies and their respective subsidiaries which are involved in cement and ready-mixed concrete businesses in Malaysia from YTL Cement Berhad, for a for a total consideration of RM5.158 billion

Syndicated Shariah-Compliant Facility of up to RM2 billion obtained by Malayan Cement Berhad based on the Shariah principle of Murabahah (via Tawarruq arrangement)

Advised Universal Robina Corporation on its acquisition of 100% of Munchy Food Industries Sdn. Bhd. and its wholly-owned subsidiary Munchworld Marketing Sdn. Bhd., from the private equity firm CVC Capital Partners, for RM1.925 billion

Establishment of Islamic Commercial Papers Programme and Islamic Medium Term Notes Programme which have a Combined Limit of RM800 million in nominal value by Kimlun Corporation Berhad

Acquisition of land in Johor for the purpose of developing and constructing a data centre

Awards & Rankings

Rahmat Lim & Partners and firms in the Allen & Gledhill network continue to be recognised as leading law firms in South-east Asia

Rahmat Lim & Partners wins Energy & Natural Resources award at the IFN Law Awards 2021

Rahmat Lim & Partners wins M&A Deal of the Year award at the ALB SE Asia Law Awards 2021