If you read enough contractual agreements, you will occasionally stumble upon a clause in a contractual agreement that states that a party is restricted from acting in a certain manner for a certain period and/ or within certain local limits. Generally, such a clause is called a “restraint of trade clause”. More of it below. …
Read more
What are the requirements for a contractual agreement to be valid? In today’s article, we will briefly share just that. There must be an “offer” by the offeror Section 2(a) of the Contracts Act refers to the term “offer” as a proposal. Regardless, an offer is a term used to signify party A (an offeror)…
Read more
What are some of the business agreements that we often see in Malaysia? Today, we will briefly share some (but not all) of them. Sale of business agreement (in a sole proprietorship scenario) What is the agreement all about? Such agreement usually involves the buying/ selling of a business (sole enterprise/ proprietorship) from one party…
Read more
What happens you manage to obtain a monetary order/judgment against a person who owes you money (i.e. a debtor) but he refuses to comply with the order/ judgment? Below is a quick guide on some of the things you can do (legally!) to secure your money. Bankruptcy proceeding Under this umbrella, the debtor will be…
Read more
What is an LLP An LLP, short term for “limited liability partnership”, is a partnership that combines the features you will find in a partnership and a limited liability company. In this regards, an LLP: Is mostly governed by the Limited Liability Partnership Act; Accords protection to its partners similar to the protection accorded to…
Read more
Filling your tax, especially for first-timers, can be a daunting task. Therefore, we have decided to share a brief guide on how to file your income tax to assist you in this matter. Who needs to file for income tax? Individuals whose total annual income (after EPF deduction) is RM34,000.00 and above; Individuals who earns…
Read more
If a person is found guilty of a crime, the judge has the discretion to impose a sentence or a punishment based on what is allowed in a statute, such as the Penal Code. Today, we will explore some of the punishments or sentences that a judge could pass in sentencing a person or offender…
Read more
What is self-defense? Self-defense (or in legal terms, private defense) is an act whereby one uses reasonable force to protect himself or the people around him from being attacked or harmed by another person. It is a defense that one can raise if they accidentally cause harm or kill another while exercising self-defense. Under what…
Read more
What is fraudulent trading? Fraudulent trading is an act whereby a company carries on business operations with the intent to commit fraud/ purposefully defrauding its creditors/ creditors of other entity. Under section 540 Companies Act, it can be noted that fraudulent trading is both a civil criminal offence and is punishable by steep fines, debt/liabilities…
Read more
What is a “friendly loan” A “friendly loan” is a loan: That is different from those a person obtain from a moneylender or financial institution; The loan is given on trust i.e. it might/ might not have a written agreement between the parties involved In order to secure the repayment of the loan, there may…
Read more
Recent Comments