Sweeping Changes to the Korean Criminal Procedures Starting in the New Year
A series of legislations affecting the criminal law landscape in Korea have been enacted since the end of 2019 e.g., ‘Corruption Investigation Office for High-Ranking Officials Act’, ‘Prosecutor’s Office Act’ and ‘Criminal Procedure Act’, followed by the establishment of subsidiary laws and regulations. In addition, with the passage of the amendment bill of ‘High-Ranking Official’s …
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Fiduciary Duty Of Trustees Under Malaysian Law
Being a trustee is not merely having the powers to administer the property of a trust fund, but it comes with a wider scope of duties and responsibilities. As much as directors have fiduciary duties in exercising their directorship in managing a company, similarly, trustees also owe fiduciary duties towards the beneficiaries of the trust …
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Overview Of Artificial Intelligence In Malaysia
Overview Of Artificial Intelligence In Malaysia Introduction The Fourth Industrial Revolution is upon us! It is described as the current and developing environment in which disruptive technologies and trends such as robotics, virtual reality (VR) and artificial intelligence (AI) are changing the way we live and work. AI may seem like a futuristic concept, however, …
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Requesting Representations and Warranties from a Liquidator in a Sale and Purchase of Assets
Introduction Assets are often purchased by companies as part of its corporate exercise. The seller and buyer (“Parties”) to a sale and purchase of assets would enter into a sale and purchase agreement mutually negotiated and agreed by the Parties. A sale and purchase agreement sets out all the details, terms and conditions of the …
Causes of Action Against a Liquidator for Improper Conduct
Introduction A liquidator is appointed for the winding up of a company, whether it is a compulsory winding up by the court[1], or a winding up commenced by its members[2] or creditors.[3] A liquidator acts as a key figure in the winding up process and his main role is to wind up the business of …
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Expropriation in International and Common Law
Introduction Expropriation is an act wherein the government or prosecuting body can seize or deprive an individual or entity of their properties or accessible assets for the benefit of the public at large. The term formerly applied to any compulsory deprivation of property, particularly by a public agency, but now pertains primarily to government takings …
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The Concept of Transfer of Beneficial Ownership of Securities
Introduction Legally, an ownership can be classified into two; (1) legal and (2) beneficial ownership. A legal owner is a person who holds the legal title under his name, whereas a beneficial owner is a person who enjoys the benefits of ownership even though the title is in another name.
Indefeasibility of Title – Loss of Land Through Fraud
Land fraud has been common in the last 15 years in Malaysia. It was an unforeseen consequence of the Federal Court’s decision in Adorna Properties[1]. The crux of this particular case was that a property was fraudulently transferred using a forged instrument without the knowledge of the real owner. A third-party bona fide purchaser for …
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Employees’ Rights Upon Winding-up of Company
Introduction Article 5(1)[1] of the Federal Constitution on Liberty of the Person provides as follows: ‘(1) No person shall be deprived of his life or personal liberty save in accordance with law.’
Regulation on Processing and Privacy of Personal Data in Electronic Communications Sector
The Regulation on Processing and Privacy of Personal Data in Electronic Communications Sector (“Regulation”) has been published on the Official Gazette of December 4, 2020.