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“This book is a tribute to … a visionary jurist, a compassionate humanitarian, and a man whose life reminds us that true justice is forged in principle and action. Within these pages, readers will encounter the intellect, the heart, and the indomitable spirit of a man who redefined what it means to serve the law and, through it, humanity.”

— From the Foreword by Tun Richard Malanjum, Former Chief Justice of Malaysia

Description

A treasure chest of the legal wisdom and flair of an extraordinary judge. Quintessential Gopal Sri Ram is a commemorative publication honouring the judicial legacy of one of Malaysia’s most illustrious and accomplished jurists. This volume celebrates the profound influence Justice Gopal Sri Ram had on the development of Malaysian law, through illuminating commentary on an expertly curated selection of landmark judgments across 12 major areas of law.

From constitutional protections to commercial clarity, and from trust law to judicial review, this collection showcases how Justice Gopal Sri Ram’s sharp legal mind moulded and applied the law with masterful precision and unwavering commitment to justice. His judgments reflect a deep reverence for the Federal Constitution and a fierce dedication to safeguarding the fundamental liberties of all Malaysians.

Featuring insightful analyses and discussion by seasoned judges, practitioners, and academics, this book offers readers a window into the brilliance of a judge whose reasoning continues to shape legal thought. It stands not only as a tribute, but as a vital reference – an enduring repository of the legal legacy he has left behind.

Quintessential Gopal Sri Ram is an essential addition to the Malaysian legal annals and a fitting celebration of a colossus in the nation’s judicial history. It will undoubtedly command pride of place on the bookshelves of every good law collection.

Key features

• Specially curated content to commemorate the legacy of a judge extraordinaire.
• Insightful commentaries that trace the special contributions of the judgments of Justice Gopal Sri Ram towards the development of Malaysian law.
• A showcase that presents the masterly application of the law to diverse fact scenarios to serve justice to all who came before the court.
• Unparalleled analyses carefully prepared by an esteemed panel of subject experts.
• Beautiful photos rekindling memories of yore.

Table of Contents

1. Administrative Law
2. Administrative Law: Judicial Review
3. Banking
4. Commercial Law
5. Constitutional Law
6. Corporate Law
7. Dangerous Drugs
8. Industrial Law
9. Land Law
10. Procedural Law
11. Sentencing
12. Trust Law

Author Bio

Editorial Advisory Board

Chairperson
Tan Sri Datuk Zainun bt Ali

Members

• Tan Sri Datuk Nallini Pathmanathan
• Dato’ Mary Lim Thiam Suan
• Bharti Seth
• Dato’ Edwin Paramjothy a/l Michael Muniandy

Receive a 15% discount as a pre-publication offer when you make a purchase today. The offer ends on August 15th.

This newly updated edition captures significant changes in family law over the past six years, offering legal professionals and advisers a comprehensive, practical, and insightful resource tailored to address today’s complex realities.

Readers will gain in-depth understanding of recent court judgments that are shaping family law in Malaysia, covering critical issues such as jurisdictional limits, law relating to children, citizenship rights, inheritance rights for illegitimate children, and disputes over religious conversion. This publication also examines how shifting family dynamics, diverse family structures, and technological advancements influence legal principles – from spousal maintenance and asset division to custody arrangements and the use of digital evidence in court. Additionally, it explores emerging areas like the impact of the use of reproductive technologies, surrogacy, and the complex legal challenges posed by digital communication.

This book offers readers the most up-to-date legal developments and case analyses, ensuring they stay well-informed. Authored by seasoned legal experts, it also benefits from the distinguished oversight of two eminent judges with deep knowledge of family law, adding exceptional credibility and depth to the content.

To align with international best practices, a new chapter on collaborative law has been introduced. This approach focuses on minimizing conflict and prioritizing the best interests of all parties involved – especially children – in the resolution of family conflicts, further enhancing the publication’s relevance and value.

Description: Life today is impacted by the cyber sphere in many ways, whether through emails, social media, video conferencing, data transmission, cloud storage, digital finance, or internet searches. Cyber risks and cyber security breaches abound – a global information technology (IT) disruption due to a cyber attack can bring the entire business world to a standstill; scams, hacking, and phishing cause serious losses. In the face of these risks and threats, heightened vigilance, acute awareness, and strong cyber security systems are crucial in protecting all sectors of society. This book delves into Malaysia’s legislative response to increasing digital threats. It provides a clear understanding of the newly enforced Cyber Security Act 2024 (CSA 2024), analyses cyber security governance, and considers the protection of national critical information infrastructures in the cyber security ecosystem. Various frameworks and best practices to manage cyber security incidents are studied. The book further reviews the licensing of cyber security service providers pursuant to the CSA 2024, giving a clear appreciation of how the regulations operate to enhance consumer protection, promote industry standards, and bolster Malaysia’s cyber security ecosystem. This book will be valuable to legal professionals, IT security practitioners, compliance officers, business owners, and students in navigating the complexities of cyber security law.

Author(s) Name: Mahyuddin Daud

Author’s Description: Mahyuddin Daud is an associate professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He teaches and researches Cyber Law at IIUM. He holds professional memberships for Inns of Court Malaysia, Malaysian Consumer and Family Economics Association, and Global Internet Governance Academic Network. He is currently the Director of Sports Development Centre, IIUM, and has been appointed as a consultant in government consultation projects. Assoc Prof Dr Mahyuddin regularly presents and publishes research papers at international conferences and academic journals.

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The Courts of Judicature Act 1964 (Act 91) and the Subordinate Courts Act 1948 (Act 92) form the foundation of Malaysia’s judicial system by defining the structure, jurisdiction, and powers of the superior and subordinate courts respectively. The former clarifies the authority of superior courts, while the latter establishes the subordinate courts and outlines their limited jurisdiction. Understanding these Acts is crucial for lawyers to ensure claims are properly prosecuted at the correct court, preventing cases from being invalidated due to jurisdictional and procedural errors.

This publication, The Annotated Courts of Judicature Act 1964 including The Annotated Subordinate Courts Act 1948, delivers invaluable section-by-section annotations of the Courts of Judicature Act 1964 alongside comprehensive commentary on the Subordinate Courts Act 1948. It offers clear and authoritative insights into the application and interpretation of these statutes.

Authored by a seasoned litigator with extensive expertise in Malaysian civil procedure and appellate practice, the work combines the full text of both Acts with high-quality annotations that are practical, insightful, and reliable. This enables readers to develop a confident and thorough understanding of the statutes’ operation.

Key terms and phrases within each section are meticulously explained through references to relevant local and foreign case law as well as academic literature. The publication also enhances usability by incorporating cross-references linking each provision to related sections, facilitating quick and efficient navigation.

The second edition includes thoroughly updated and current content, featuring numerous new case laws and the updated Courts of Judicature (Amendment) Act 2022 to ensure comprehensive and up-to-date coverage.

Receive a 15% discount as a pre-publication offer when you make a purchase today. The offer ends on August 15th.

Corporate finance is essential for a company’s long-term success, encompassing the management of its financial resources to maximize shareholder value and ensure financial stability. It involves crucial decisions related to capital allocation, risk management, and financial performance, ultimately guiding the company towards its strategic goals.

This book has been prepared as a reference for stakeholders within the financial industry that delves into corporate finance. It also provides valuable guidance to the management of corporations and businesses on the structuring of financing to drive business growth. Savvy investors can similarly derive benefit from the practical discussions contained in the book.

The regulatory framework administered by Bank Negara Malaysia, Securities Commission Malaysia and Labuan Financial Services Authority has been carefully considered to cover key legislation like the Financial Services Act 2013, the Islamic Financial Services Act 2013 and the Capital Markets and Services Act 2007 as well as the accompanying rules, regulations and guidelines.

Debt financing through bank facilities and instruments and private debt securities such as bonds, sukuk and initial exchange offerings, and equity financing through initial public offering and direct financing (venture capital, crowdfunding and private equity fund), are usefully analysed, supported by illustrative case studies. The law on takeover and merger and acquisition is focused on in one chapter as these are key avenues for business growth where corporate finance can come into play.

Important related matters of insider trading and risk management are critically reviewed to give a complete perspective of the operation of corporate finance. The role of board of directors and shareholder activism as well environmental, social and governance (ESG) considerations in corporate finance are looked at to provide a full appreciation of corporate finance law in practice.

This book is surely one not to be missed by corporate lawyers, finance directors, company directors, in-house counsel, bankers, business owners and informed investors.

Receive a 15% discount as a pre-publication offer when you make a purchase today. The offer ends on August 15th.

The Courts of Judicature Act 1964 (Act 91) and the Subordinate Courts Act 1948 (Act 92) form the foundation of Malaysia’s judicial system by defining the structure, jurisdiction, and powers of the superior and subordinate courts respectively. The former clarifies the authority of superior courts, while the latter establishes the subordinate courts and outlines their limited jurisdiction. Understanding these Acts is crucial for lawyers to ensure claims are properly prosecuted at the correct court, preventing cases from being invalidated due to jurisdictional and procedural errors.

This publication, The Annotated Courts of Judicature Act 1964 including The Annotated Subordinate Courts Act 1948, delivers invaluable section-by-section annotations of the Courts of Judicature Act 1964 alongside comprehensive commentary on the Subordinate Courts Act 1948. It offers clear and authoritative insights into the application and interpretation of these statutes.

Authored by a seasoned litigator with extensive expertise in Malaysian civil procedure and appellate practice, the work combines the full text of both Acts with high-quality annotations that are practical, insightful, and reliable. This enables readers to develop a confident and thorough understanding of the statutes’ operation.

Key terms and phrases within each section are meticulously explained through references to relevant local and foreign case law as well as academic literature. The publication also enhances usability by incorporating cross-references linking each provision to related sections, facilitating quick and efficient navigation.

The second edition includes thoroughly updated and current content, featuring numerous new case laws and the updated Courts of Judicature (Amendment) Act 2022 to ensure comprehensive and up-to-date coverage.

Description: Life today is impacted by the cyber sphere in many ways, whether through emails, social media, video conferencing, data transmission, cloud storage, digital finance, or internet searches. Cyber risks and cyber security breaches abound – a global information technology (IT) disruption due to a cyber attack can bring the entire business world to a standstill; scams, hacking, and phishing cause serious losses. In the face of these risks and threats, heightened vigilance, acute awareness, and strong cyber security systems are crucial in protecting all sectors of society. This book delves into Malaysia’s legislative response to increasing digital threats. It provides a clear understanding of the newly enforced Cyber Security Act 2024 (CSA 2024), analyses cyber security governance, and considers the protection of national critical information infrastructures in the cyber security ecosystem. Various frameworks and best practices to manage cyber security incidents are studied. The book further reviews the licensing of cyber security service providers pursuant to the CSA 2024, giving a clear appreciation of how the regulations operate to enhance consumer protection, promote industry standards, and bolster Malaysia’s cyber security ecosystem. This book will be valuable to legal professionals, IT security practitioners, compliance officers, business owners, and students in navigating the complexities of cyber security law.

Author(s) Name: Mahyuddin Daud

Author’s Description: Mahyuddin Daud is an associate professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He teaches and researches Cyber Law at IIUM. He holds professional memberships for Inns of Court Malaysia, Malaysian Consumer and Family Economics Association, and Global Internet Governance Academic Network. He is currently the Director of Sports Development Centre, IIUM, and has been appointed as a consultant in government consultation projects. Assoc Prof Dr Mahyuddin regularly presents and publishes research papers at international conferences and academic journals.

Receive a 15% discount as a pre-publication offer when you make a purchase today. The offer ends on August 15th.

Corporate finance is essential for a company’s long-term success, encompassing the management of its financial resources to maximize shareholder value and ensure financial stability. It involves crucial decisions related to capital allocation, risk management, and financial performance, ultimately guiding the company towards its strategic goals.

This book has been prepared as a reference for stakeholders within the financial industry that delves into corporate finance. It also provides valuable guidance to the management of corporations and businesses on the structuring of financing to drive business growth. Savvy investors can similarly derive benefit from the practical discussions contained in the book.

The regulatory framework administered by Bank Negara Malaysia, Securities Commission Malaysia and Labuan Financial Services Authority has been carefully considered to cover key legislation like the Financial Services Act 2013, the Islamic Financial Services Act 2013 and the Capital Markets and Services Act 2007 as well as the accompanying rules, regulations and guidelines.

Debt financing through bank facilities and instruments and private debt securities such as bonds, sukuk and initial exchange offerings, and equity financing through initial public offering and direct financing (venture capital, crowdfunding and private equity fund), are usefully analysed, supported by illustrative case studies. The law on takeover and merger and acquisition is focused on in one chapter as these are key avenues for business growth where corporate finance can come into play.

Important related matters of insider trading and risk management are critically reviewed to give a complete perspective of the operation of corporate finance. The role of board of directors and shareholder activism as well environmental, social and governance (ESG) considerations in corporate finance are looked at to provide a full appreciation of corporate finance law in practice.

This book is surely one not to be missed by corporate lawyers, finance directors, company directors, in-house counsel, bankers, business owners and informed investors.

Description: This textbook provides practical insights and guidance from an experienced group of intellectual property (IP) law practitioners explaining the law, practice, and procedure of protecting and enforcing IP rights in Malaysia. Edited by an eminent judge and an accomplished IP law practitioner, this book is structured into five principal parts covering Trademarks, Patents, Copyright, Industrial Designs, and Trade Secrets. The expert commentary presents a comprehensive account of the substantive rules that govern these areas of IP law, with the focus being primarily on the Malaysian position. In addition to the thorough survey of local law, references have been made to case law from foreign jurisdictions where uncertainties arise in the local position. This provides a different perspective on possible approaches that may be applicable in addressing the local issues and the strategic planning of IP enforcement action in Malaysia. References to applicable international treaties and conventions ensure that coverage is complete and authoritative. The amendments brought in by the Copyright (Amendment) Act 2022 (Act A1645) and the Patents (Amendment) Act 2022 (Act A1649) as well as the accompanying new subsidiary legislation have been carefully considered. This reference guide is one not to be missed by IP law practitioners, trademark and patent agents, in-house counsel, business owners, and anyone interested in Malaysian IP law.

The introduction of the Trademarks Act 2019 to pave the way for Malaysia to join the Madrid Protocol saw the repeal of the Trade Marks Act 1976. The implementation of the Trademarks Act 2019 is a major change to the Malaysian trademark regime, bringing it in line with the trademark statutes in other major jurisdictions including the UK and Singapore.

This publication, The Annotated Trademarks Act 2019, provides invaluable section-by-section annotations to the Trademarks Act 2019, throwing light on the application and interpretation of the provisions of the Act. It is certainly a resource which will greatly assist in the understanding and application of the new trademark system in Malaysia.

The key terms and phrases in each section are explained by reference to local and foreign case law as well as academic writing. This publication facilitates quick and easy research with the inclusion of cross-reference from the provision being annotated to comparative provisions from other jurisdictions. The annotations should prove to be very useful for lawyers, judges, trademarks agents, court officers and law students.

Written by a legal practitioner with vast knowledge and experience on matters relating to Intellectual Property Law and who was accorded the accolade of the Asialaw Regional Award 2019 for Outstanding Practitioner in Malaysia, there is no doubt this publication will serve as an excellent reference which is insightful, practical and authoritative, enabling a confident understanding of the workings of the Act.

KEY FEATURES:

• Section-by-section annotations to the Trademarks Act written in simple and straightforward style
• Annotations supported by copious citation of case authorities
• Procedural requirements stipulated by the Trademarks Regulations are included to supplement the workings of the Act
• All defined terms are identified with direct cross-references to the provision where each definition is found
• Comparative provisions from Singapore, UK and Australia Trademark statutes are provided where available to aid further research
• Clear page guides assist the user to locate a specific provision or Part of the Act quickly and efficiently
• Supplemented by detailed index for easy access to the annotations
• Includes the full text of the Trademarks Regulations 2019
   

• Analyses the legislative and judicial developments in Malaysian intellectual property law since the first edition of the book.
• Incorporates key developments in the international protection of intellectual property.
• Details the progress of the ASEAN Intellectual Property Cooperation.
• Explains the trademark registration process under the Madrid Protocol.
• Includes new chapters on registered trademark law under the Trademarks Act 2019.
• Discusses the scope of the Copyright (Amendment) Act 2020 and judicial decisions that clarify important copyright principles.
• Highlights the impact of significant patent law decisions handed down by the Federal Court and the Court of Appeal.
• Contains ProView Extra materials available exclusively in ProView eBook only.

• Comprehensive book on the law regarding corporate liability in Malaysia.
• Written in clear and simple language.
• Examines the concept of separate legal personality and the liability of companies in various scenarios, including contract, tort, criminal law, securities law, banking law, environmental law and occupational safety and health law.
• Considers the very topical concern of corporate liability after the implementation of section 17A of the the Malaysian Anti-Corruption Commission Act.
• Considers corporate liability for the misuse of the corporate vehicle for the commission of crimes like money laundering, corruption and terrorism financing.
• Explores the best practices on monitoring the beneficial ownership of companies which is to be imposed through upcoming amendment to the Companies Act 2016.
• Considers penalties which may be imposed and defences which may be relied on by companies. 

KEY FEATURES

• The first book on digital copyright law in Malaysia
• Presents the legal position of the emerging copyright issues in the digital sphere in Malaysia
• Makes comparative references to other jurisdictions including the United States, the United Kingdom, and Australia
• Examines the copyright concerns relating to the latest technological developments including cloud computing and artificial intelligence
• The discussion is supported and illustrated with the relevant Malaysian and foreign case law

The fast-developing digital environment has brought about new copyright issues. The ever-changing technologies and activities taking place in the online environment raise fresh copyright questions at a rate that exceeds the pace of the formulation of solutions. Despite the wide interest in digital technologies and the accompanying copyright issues, there is a dearth of legal reference materials which address these issues.

This book examines the copyright issues arising in relation to digital technologies, including the internet, under the copyright law of Malaysia, with comparative reference to the law of other jurisdictions, namely, the United States, the United Kingdom, and Australia. Arguably the first of its kind in Malaysia, this book provides valuable information and guidance to legal advisors, copyright owners, business owners in the digital space, judges and policymakers.

Management corporations have statutory duties and powers under Malaysia's strata laws. Owners, on their part, must be engaged to ensure that their investment, lifestyle and financial well-being are protected and enhanced when living in strata developments. This book gives owners the tools to do that. It expresses in as plain a language as possible the meaning of the key provisions of the Strata Management Act 2013 as well as the Regulations and By-Laws made under it.

In this readable book, the author supplements explanations with informed commentary on the implications of the statutory provisions. In the process, numerous specific and practical suggestions are provided on how to improve strata management practice. The analysis and commentary add significant value to the text. Where appropriate, comparisons are also made with the position in jurisdictions outside of Malaysia to discern best practices.

Drawing on his experience as an owner-occupier of a condominium apartment in Kuala Lumpur and his first-hand knowledge of strata living in Malaysia, the author has prepared an engaging guide on the statutory scheme which impacts on management corporations.

This book will greatly benefit strata property owners and prospective owners as well as professional, industry and consumer associations, the broader real estate industry including valuers, property managers and developers, and state and federal land office/department officials.

NEW IN THIS EDITION

• description and discussion of the extensive array of duties and legal obligations of management corporations now enshrined in newly prescribed By-Laws
• description and discussion of the general duties of, and prohibitions placed on, owners and occupiers under newly prescribed By-Laws
• details and analysis of subject matter contained within By-Laws covering renovations, vehicle use, solid waste disposal and maintenance and management of common property
• analysis of new ways under which management committees are to function designed to emphasise greater accountability and transparency in the way they function and make decisions
• inclusion of all prescribed Forms, Notices and Certificates relevant to the day-to-day workings of a management corporation;
• details of new eligibility requirements for those nominating for membership of representative bodies including the opening up of membership of the management committee to non-owners
• analysis of the workings of the Strata Management Tribunal
• special commentaries comparing and contrasting features of Malaysian strata laws with that of overseas jurisdictions including suggestions on how to improve strata management law and practice as well as highlighting omissions and shortcomings
• case studies based on (real life) factual scenarios pertinent to the operations of management corporations; and
• references to relevant case law.

This essential book analyses landmark and recent cases relevant to the study and practice of non-Muslim family law in Malaysia. It covers a wide range of topics from domicile and residence to the division of matrimonial assets. It examines the judicial decisions up to the year 2024, discusses the latest amendments made to the Law Reform (Marriage and Divorce) Act 1976 with reference to cases decided on that particular provision. Students studying Family Law will benefit from the book as the topics covered are according to the course syllabus, and legal practitioners will find this book a handy reference to check on decided cases, and the analysis on such cases on a particular subject matter. This book would also be a source of reference to the general public who intend to find out the law and the judicial decisions on a particular subject matter in Family Law.

Key features

• Comprehensively covers all aspects of family law, including marriage, divorce, legitimacy, adoption, and more through 13 detailed chapters.
• In-depth analysis of the cases, providing insights into the legal principles and practices governing family law in Malaysia.
• Provides practical guidance on the application of family law through real-world examples and decided cases.
• Expertly written by a knowledgeable family law academic with extensive experience in teaching Malaysian family law.
• Current and relevant, with up-to-date information reflecting the latest principles and practices in Malaysia.
   

Conveyancing is the practical application of land law towards the creating and transferring of rights in land from one party to another. It is a process that places a heavy duty of care on the solicitors handling the transaction to ensure that each stage of the transaction is carried out with meticulous care. There is a whole range of laws that the conveyancing lawyer needs to be familiar with to effectively the various facets of convenyancing.

This book focusses on dealings in residential property. Starting with the story of “Grandma’s property”, each chapter picks up an important issue as it delves into the legal principles, issues, practice and procedure, backed with numerous case illustrations. Each chapter is carefully thought out and structured to provide a comprehensive and systematic guide to the conveyancer, walking through the process, step by step, with explanations, diagrams, worked examples, and sample letters and documents.

This guide also deals with the gamut of laws related to conveyancing, solicitors’ duty of care and liability in negligence, the Malaysian Bar Council Conveyancing Practice Guidelines, stamp duty, real property gains tax, the transfer and loan procedure related to property with and without individual title, legal fees, small estates distribution, Islamic home loans, and strata property. Special attention has been given to the laws relating to housing developers, and the complex legal issues and cases that have arisen. The book concludes with a peek into exciting times on the technology frontier in real estate through the evolving practice of electronic conveyancing.

Practical Guide to Conveyancing in Malaysia will prove beneficial for conveyancing lawyers, both experienced and novice, chambering pupils, as well as in-house counsel in the real estate and banking industries.

Key features

• Situation setting through the intriguing story of “Grandma’s property” to introduce the scope of each chapter.
• Carefully structured presentation of the law governing conveyancing practice and procedure related to residential property in Malaysia.
• Each chapter takes up a topic for discussion in a simple and easy-to-follow, practical way, replete with diagrams, charts, and worked examples.
• Dealings in property with and without title, financing procedures, stamp duty, real property gains tax, and solicitors’ remuneration are presented with simple worked examples.
• Exhaustive discussion of a wealth of cases related to each topic.
• Professional standards, ethics in conveyancing, solicitor’s liability in negligence, duty of care to third parties, and the incidence of fraud in conveyancing are dealt with thoroughly.
• Latest cases relating to housing developers including the right to damages for late delivery, extension of time, alternative agreements waiving rights under statutory agreements, strata titles, etc. are reviewed.

I am confident that the book will surely become an invaluable reference for trademark and the body of law springing forth from the new Trademarks Act 2019 for academicians, practitioners, and members of the judiciary alike.

From the Foreword by Tan Sri Dato’ Sri Azahar bin Mohamed,
Chief Judge of Malaya

KEY FEATURES:

• A revision to the first edition, updating the trademark law as the Trade Marks Act 1976 (“TMA 1976 “) has been repealed and replaced by the Trademarks Act 2019 (“TMA 2019”)
• Useful overview of the law based on the new TMA 2019 including new provisions on non-traditional marks, the Madrid Treaty, the use of trademark as collateral and security, and criminal provisions
• Analysis of case law from the TMA 1976 and their relevance to the provisions of TMA 2019 with concise explanation on important legal principles for application
• Cross-border references wherever possible for added value and comparative understanding
• Case commentary highlights key points and provides insightful legal analysis of the issues that arise in the case
• Comparative analysis of the cases and the law are provided wherever possible

Trademarks Law in Malaysia: Cases and Commentary, Second Edition is a revamped edition from the first book which was published in 2003. It continues to provide a comprehensive overview on the development, economic rationale as well as the role and functions of the trademark system in Malaysia.

The book examines the registrability of trademarks, discusses the issues in trademark registration, explores the process of trademark application, and deals with the issues of trademark infringement as well as passing off. The authors also describe the types of remedies available to a trademark owner in the instance of unlawful use of his trademark, explain the issues on revocation of trademarks and elaborate on the concept of well-known marks.

This updated edition highlights the changes under the new Trademarks Act 2019, repealing the old Trade Marks Act 1976, including the reinforcement that a trademark is a proprietary right, and the criteria of being a well-known trademark under the new Act through decided cases.

Written by two expert authors who are well-acquainted with the subject of trademarks law through academic and practical experience, this book should be a useful reference to legal practitioners, intellectual property consultants, trademark agents, academicians and students, supplementing other materials on the subject of trademark law in Malaysia.

Presenting the law in a clear and concise style, this updated second edition guides and supports a quick understanding of the Malaysian company law system. Regular reference is made to the provisions of the Companies Act 2016 to enable the reader to appreciate the statutory scheme regulating companies in Malaysia. Illustrations are used to clarify concepts and cases are cited for reference. Mind maps have been included to assist a quick appreciation of key concepts and procedure. Comparison is made with the former scheme under the Companies Act 1965 where relevant and helpful comments are included to aid the analysis of more difficult areas of the law.

Each chapter begins with its learning objectives, presents the essential principles in succinct paragraphs and concludes with a summary to ensure that the reader obtains a clear understanding of the subject matter covered. A section titled “Points to Ponder” highlights difficult areas which may merit further discussion and consideration. The Appendix to the book contains a useful comparison of key provisions in the Companies Act 1965 and the Companies Act 2016.

Changes made by the Companies Act 2016 Reprint and the Companies (Amendment) Act 2019 have been covered, including the requirements for the execution of documents and the conditions for loans to directors.

This book is especially suitable for non-law degree students who take Company Law in their course of study as well as candidates taking MAICSA, ACCA, MICPA and MIA examinations. It can also be of interest to practitioners who need a quick refresher on basic principles and those who want to learn more about the general law relating to companies and how the Companies Act 2016 impacts their business.

Key Features of this New Edition

• Presents essential principles in clear and succinct style
• Contains illustrations and charts that facilitate understanding
• Mind maps support easy understanding of key concepts and procedure
• New developments include requirement for register of beneficial owners, audit exemption and regulations on judicial management and corporate voluntary arrangement
• Expanded coverage of the law on partnership and limited liability partnership
• Extensive cross-referencing for easy navigation through the book
• “Points to Ponder” highlights difficult areas which merit further consideration
• Appendix makes available a useful comparison of differences between the Companies Act 1965 and the Companies Act 2016 and acts as an index to the contents of the book
  
   

This publication is an essential source for company secretaries, company directors, business advisors, accountants, lawyers and regulators, as well as academicians and students of company secretarial practice, accountancy and law.

KEY FEATURES

• Expert Overview of the Code
• Full text of the Malaysian Code on Corporate Governance 2017 presented in clear and readable format
• Explanation on the new structure of the Code
• Insightful comments on key new requirements of the Code
• Selected comparison with practices overseas
• Highlights of key differences between new and old Codes
• Useful summary table which presents key points of the Code in a nutshell

As technology evolves rapidly and digitalisation becomes integral to both organisations and the daily lives of an individual, the challenges posed by these advancements need to be addressed by developments in the law. Consequently, we have witnessed a rise in cases related to cyber law and information technology, along with an increasing volume of digital evidence presented in court.

In this second edition of Foong’s Malaysia Cyber, Electronic Evidence and Information Technology Law, the author continues to present a leading account of the law on the fast-changing realm of technology by thoroughly updating the content to align with the latest legal developments. All the major chapters have been expertly updated to provide valuable commentary on issues impacted in the digital sense.

Notable updates include:

• Inclusion of two new chapters, i.e. privacy and data protection, and software.
• Defamation section has been updated and expanded to cover anonymous publishers and cases on tracing anonymous publishers, and the use of interim injunction to restrain defamatory activity.
• The Digital Assets section has been revised to include non-fungible tokens and additional cases related to cryptocurrencies.
• The Remote Technology Communication section has been updated to address Order 33A of the Rules of Court 2012, and includes a discussion of the recent case Karen Yap Chew Ling v Binary Group Services Bhd.
• The discussion on substituted service via electronic communication has been updated, along with the section on actions against unknown persons, which now includes information on self-identification orders. Additionally, the analysis of the use of social media publications in family disputes has been revised.
• Chapter on Cybercrime has been updated to include offences for online streaming, stalking and statements conducting to public mischief. Sections for fake news and sexual grooming have been updated with the latest cases.
• Updated discussion on admissibility of electronic evidence.

With its carefully crafted commentary and insightful analysis, this practical publication continues to serve as an invaluable resource for litigators dealing with electronic evidence, information technology, and cyber law

Taxation is an important consideration on the business landscape. A good knowledge of tax regulations and requirements and proper compliance with them can safeguard the tax exposure of businesses. Malaysian taxation is multi-faceted, involving many different types of taxes whether direct or indirect in nature.

Finance managers, accountants and anyone else responsible for the tax affairs of a business need to keep abreast with the ever-changing requirements of tax laws and the practice of the Inland Revenue Board (IRB). Tracking the decisions of the Special Commissioners of Income Tax, the Customs Appeal Tribunal and the courts surely provides a good focus on the resolution of tax disputes and the lessons therefrom.

This book surveys recent significant decisions on matters like income tax, stamp duty, real property gains tax (RPGT), customs and excise duties, sales and service tax, and anti-dumping duty as well as the active use of judicial review to challenge the actions and decisions of the IRB. In addition to a useful overview of the taxation system in Malaysia, the book presents 22 insightful articles which discuss and critically analyse the carefully curated court cases. These analyses provide a comprehensive understanding of the current tax issues and the evolving tax landscape in Malaysia.

Spotlight on Malaysian Tax Disputes provides valuable and instructive knowledge on notable tax disputes which have been litigated and decided in recent years.

Key features

• Carefully selected cases which represent key developments in Malaysian revenue law.
• Succinct summary of arguments at each level to facilitate easy understanding of the issues and the final decisions.
• Useful cross-references to related decisions.
• Wide spectrum of coverage.
• Insightful discussion and commentary by experienced tax advocates.
• Explanation of core concepts to aid appreciation of decision.
• Focus on IRB practices which are open to challenge.
   

Tax issues covered include

• Effect of Public Rulings
• Transfer pricing adjustments
• Difference between penalties imposed under section 112(3) and section 113(2) of the Income Tax Act (ITA)
• Circumstances which allow the raising of assessment past the statutory time bar
• Deductibility of employee share option scheme expenditure
• Challenge against IRB’s refusal to refund taxes
• Chargeability of real estate investment trust to RPGT
• Tax treatment of gains from disposal of real property via joint venture agreement or during liquidation
• Taxability of compensation for compulsory acquisition
• Precedence between double taxation agreements and the ITA
• Deductibility of Bumiputera quota release expenditure
• Retrospective uplifting of open market excise value
• Availability of exceptional input tax claim
• Legal challenges in anti-dumping investigations