SBV PUBLISHES NEW CIRCULAR ON OFFSHORE LOANS WITHOUT GUARANTEE
Introduction On 30 June 2023, the State Bank of Vietnam (SBV) issued Circular 08/2023/TT-NHNN (Circular 08), prescribing the eligibility requirements for foreign loans without the government’s guarantee.
HOW TO PREPARE YOUR ORGANISATION FOR PDPD COMPLIANCE?
On 31 May 2023, an updated draft of the Cybersecurity Administrative Sanctions Decree for violations against the PDPD and Decree No. 53/2022/ND-CP guiding the Cybersecurity Law was released for public consultation in the context that the Decree No. 13/2023/ND-CP on Personal Data Protection (PDPD) will come into effect in the next couple of days (i.e., …
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BOUNDARIES OF SHAREHOLDER AGREEMENTS: EXAMINING THE VALIDITY OF TYPICAL PROVISIONS OF SHAREHOLDER AGREEMENTS
Shareholder agreements (SHA) in Vietnam, like in many other jurisdictions, are frequently used to manage the relationships among some or all shareholders of a company. An SHA typically comprises four fundamental elements: anti-dilution, secondary share transfer restrictions, decision-making restrictions, and corporate management and control. While the relevant laws provide some degree of coverage for anti-dilution …
MIRROR, MIRROR ON THE WALL, IS THIS COMMENT FAIR AT ALL?
INTRODUCTION In Dato’ Sri Dr Mohamad Salleh bin Ismail & Anor v Mohd Rafizi bin Ramli [2022] 3 MLJ 758, the Federal Court discussed on whether the Respondent (i.e. the Defendant in the trial court) could rely on the defence of fair comment in a defamation claim commenced by the Appellants (i.e. the Plaintiffs in …
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THE DIGITAL EVOLUTION OF PAPERLESS DOCUMENTS IN COURT – THE AMENDMENT TO COURTS OF JUDICATURE ACT 1964
INTRODUCTION On 25 July 2022, the Malaysian Parliament passed the Courts of Judicature (Amendment) Bill 2022 (‘the Bill’), which was subsequently granted the Royal Assent by the Yang di-Pertuan Agong on 31 August 2022.
THE MODE TO CHALLENGE AN INDUSTRIAL COURT AWARD: APPEAL OR JUDICIAL REVIEW
INTRODUCTION Recently, the High Court of Penang has resolved the confusion on the correct mode to challenge an Industrial Court Award in the High Court by interpreting Sections 33C and 20(3) of the Industrial Relations Act 1967.
EXPLORING THE EMERGING IMPACT OF ESG FACTORS ON CORPORATIONS AND FINANCIAL INSTITUTIONS
INTRODUCTION The term Environmental, Social and Governance (“ESG”) is currently in the limelight of most if not all, symposiums in the corporate industry.
TOWER REIT: A COMMENTARY
In the Kuala Lumpur High Court case of Ketua Pengarah Hasil Dalam Negeri v Tower Real Estate Investment Trust [2023] 2 MLRH 583 (this case hereinafter referred to as “Tower REIT”) the Respondent Taxpayer in this case (“Taxpayer”) was a real estate investment trust (“REIT”) scheme that was constituted under a principal deed dated 17 …
NEW SALES TAX ON THE HORIZON
INTRODUCTION The Sales Tax (Amendment) Act 2022 (“Amending Act”) was passed by both Houses and received the royal assent in October 2022. With its passing, the Amending Act brings with it a new sales tax on low value goods (“LVG”) that are being sold on online marketplaces.
Salient Features of the National Nursing and Midwifery Commission Act, 2023
On August 12, 2023, the National Nursing and Midwifery[1] Commission Act, 2023 (“NNMC”), was given the assent of the President.