Insights
Commentary on Malaysian corporate law
Analysis and practice notes from our lawyers — capital markets, M&A, restructuring and commercial law in Malaysia.
Ching, Elaine & Co publishes commentary and practice notes on Malaysian corporate law. This Insights hub brings together clear explanations of corporate transactions, governance, restructuring, insolvency, data protection and commercial issues that arise for companies, boards, shareholders and investors.
For restructuring and insolvency topics, start with our comparisons of schemes of arrangement, judicial management and corporate voluntary arrangements, corporate rescue and winding up, or our notes on undue preference and share transfers after a winding-up petition.
Our corporate and commercial commentary includes practical guides to shareholders agreements, Malaysia’s data privacy framework, blockchain regulation and trade and logistics licensing. Readers looking for service information can also visit our corporate commercial, restructuring and insolvency and capital markets practice pages.
Use the links within each note to move between the legal issue and the firm’s relevant practice page. Related reading is organised by subject, so a reader comparing rescue options can continue to the service overview without searching the entire site.
These materials provide general information, not advice for a particular matter. Publication dates give important context, and laws, rules and regulatory guidance can change. Check the current position before acting, or contact the firm to discuss the facts and documents relevant to your situation.
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Is a Share Transfer Void if ‘Deemed Completed’ but Not Registered Before a Winding-Up Petition is Presented? A Legal Perspective
Whether a share transfer substantively completed before a winding-up petition is void under Section 472(1) of the Companies Act 2016, and when a court validation order…
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Corporate Rescue or Termination? Comparing Receivership, Winding Up and Schemes of Arrangement in Malaysia
A comparison of receivership, winding up and schemes of arrangement in Malaysia, covering restraining orders under Section 368, rescue financing, cram-down powers and creditor classification.
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Trade and Logistics in Malaysia: Licensing Requirements
An overview of Malaysian licensing requirements for logistics businesses, covering bonded warehouses, carrier and courier licences, freight forwarding, customs agents and IILS status, with capital and…
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Shareholders Agreement in Malaysia – Lawyer’s Drafting Tips
A practical guide to shareholders agreements in Malaysia: whether you need one, how they bind new shareholders, and the key clauses lawyers include when drafting.
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Difference Scheme of Arrangement, Judicial Management and Corporate Voluntary Arrangement
A section-by-section comparison of the scheme of arrangement, corporate voluntary arrangement and judicial management under the Companies Act 2016, covering eligibility, moratoriums, creditor approval and binding…
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Data Privacy Law in Malaysia
An overview of Malaysia's Personal Data Protection Act 2010: data users and data processors, the seven Data Protection Principles, and registration requirements for certain classes of…
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The Law of Undue Preference in Malaysia
An overview of undue preference under section 528(1) of the Companies Act 2016, including when payments to creditors are void and how courts distinguish insolvency from…
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Blockchain Law in Malaysia – Malaysian Legal Perspective
An overview of Malaysia's regulatory framework for blockchain and cryptocurrencies, covering the POS Order 2019, SC authorisation for ICOs, digital asset exchange registration and BNM anti-money…