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BUSINESS STRATEGY IN CROSS BORDER TRANSACTIONS: THE NEED FOR DUE DILIGENCE
Introduction
More and more Malaysian companies are starting to look to investing abroad. This is especially true of companies that are involved in labour intensive industries (manufacturing, electronics, etc) or companies which are looking to penetrate into new markets.
LEGAL FRAMEWORK REGULATING MINING INDUSTRY IN MALAYSIA
MINING IN MALAYSIA
Malaysia has over 33 different mineral types, comprising metallic, non-metallic and energy minerals. In 2010, the monetary value of the total local mineral production was over four billion ringgit.
Mergers & Acquisitions in 60 jurisdictions worldwide
Contributing editor: Casey Cogut
Global Overview Casey Cogut and Sean Rodgers Simpson Thacher & Bartlett LLP 3
European Overview Stephen Hewes and Richard Thexton Freshfields Bruckhaus Deringer LLP 5
The Largest IPO in Southeast Asia: Petronas Chemicals Group
Petronas Chemicals Group (PCG) is the largest petrochemical company in Malaysia and one of the largest petrochemical producers in Southeast Asia. It has a history of 25 years in the petrochemical industry and its pedigree is further enhanced by the fact that it is a subsidiary of Petroliam Nasional (Petronas), the national oil company of Malaysia.
The Development of Personal Data Protection in Malaysia
The Personal Data Protection Bill 2009 (“PDP”) has recently received Royal Assent in June this year. Since the PDP was first mooted, Malaysia has seen a literal explosion in the number of companies and service providers that have taken to the internet, offering Malaysians a plethora of goods and services that are no longer confined by the limitations of time and geography.
Goods and Services Tax in Malaysia
This article highlights in a broad manner the proposed GST in Malaysia and some salient features of GST as seen from the Goods and Services Tax Bill 2009.
New Malaysian Code on Take-Overs and Mergers 2010
The Malaysian Securities Commission (“SC”) has on 15 December 2010 published its revised takeover code.
The Malaysian Strategic Trade Act 2010
On 5 April 2010 the Dewan Rakyat (the lower house of the Parliment of Malaysia) passed the Strategic Trade Act ("STA") introducing Malaysia's first legislation to restrict trade in weapons of mass destruction ("WMD"). It is anticipated that the provisions of the Act will come into effect in July 2011.
Intellectual Property - Trade Marks
In September 2006 the Kuala Lumpur High Court ruled that fast-food company McDonald's had an exclusive right to use the prefix 'Mc'. The court ordered McCurry Restaurant to stop using the prefix as part of its trade name and awarded damages and costs to McDonald's. However, on April 29 2009 the Court of Appeal overturned the High Court's decision. The appeal court held that McCurry did not misrepresent itself or confuse the public when carrying out business under the name 'Restoran McCurry'. The court noted the following distinguishing features in how the two parties conducted their business:
Intellectual Property Passing Off
In September 2006 the Kuala Lumpur High Court ruled that fast-food company McDonald's had an exclusive right to use the prefix 'Mc'. The court ordered McCurry Restaurant to stop using the prefix as part of its trade name and awarded damages and costs to McDonald's. However, on April 29 2009 the Court of Appeal overturned the High Court's decision. The appeal court held that McCurry did not misrepresent itself or confuse the public when carrying out business under the name 'Restoran McCurry'. The court noted the following distinguishing features in how the two parties conducted their business: