Contact Us & FAQ

You should expect your lawyer to :- 

• Confer with you to pinpoint the problem.
• Research & analyse all available facts & information relating to your problem.
• Negotiate a settlement if both sides can reach a fair agreement.
• Keep you informed about what is going on in your case & answer your questions.
• Discuss fees with you at your first visit & come to an agreement about the way in which the fee will be paid.
• Be candid with you about your problem, your prospects for success‚ the time it will take & the advisability of accepting any settlement offered.

For further information, kindly contact us directly.

• We have many years of experience in dealing with all type of cases.
• Our advocates & solicitors have extensive knowledge in different categories of civil cases, conveyancing, corporate & etc, as shown in our page named practice areas.
• We have better knowledge, skills and experience to fight for what you deserve.
• We strive to provide reliable & professional advice to our client.
• We will analyse your case & explain the cost-effectiveness of various strategies to you, in which you may avoid severe penalties.
• We will usually recommend various solutions to you, but the final decision will be yours. We will then provide our professional legal services pursuant to your instructions.
• We are committed to you during our engagement by you & will keep you updated on your case progress & development from time to time.

For further information, kindly contact us directly.

You should :-

• prepare a written summary & chronology of events (if possible);
• bring all relevant documents;
• explain the whole incident happened to you;
• be honest & provide accurate information of the subject matter in order to prevent unnecessary costs being incurred & advice provided to you can overcome your issues;
• provide us with your correct contacts always;
• understand that we have a duty to keep your information confidential;
• notify us if English or Malay is not your first language or if you have a limited understanding of English & Malay, in which we will find a solicitor or relevant person who can speak your language;
• feel free to ask any questions should you have any uncertainties during the communication between you & our solicitors;
• inform us of any new developments;
• respond to our phone calls, emails or WhatsApp & provide the requested information or documents to us promptly; &
• have written confirmation of your bills / charges with us.

For further information, kindly contact us directly.

We hope that you will :-

• gather all useful evidence & prepare any timelines that are requested;
• not lie to us;
• keep in mind that we may have other clients that need our time;
• reply to our requests (ie. providing any information &/or documents) in a timely manner;
• inform us in advance if you are unable to attend certain hearings or other proceedings;
• be patient & always have sufficient time planning when visiting us;
• do not act in a rushing manner (if the date & time is not suitable, kindly fix another appointment with us as all our staff are friendly to assist you); &
• pay your bills on time.

For further information, kindly contact us directly.

• We will update you the status of your case from time to time either by phone calls, emails or WhatsApp, so that you are well up-to-date.
• We will keep you informed when anything important happens & to respond to your questions within a reasonable time. 
• We will also remind you if your presence in the Court is required.

For further information, kindly contact us directly.

It is preferable for you to fix an appointment with us either by phone calls, emails or WhatsApp before coming to our office in order to avoid unnecessary waiting time. Moreover, please be punctual for any appointment that you have made with us.

For further information, kindly contact us directly.

Yes, you may still leave a message to us after our business hours either by WhatsApp or email. We are committed to responding to our client’s & potential client’s messages & emails as soon as possible. 

For further information, kindly contact us directly.

This question was frequently asked by our client. Our view is that every case is different & has different circumstances. Hence, there will be no guarantee that every case will have a high success rate, just like there is no one right answer to every legal question. Nonetheless, we will assess your needs & inform you exactly the situation of your case, all your options & the risks arising from them.

For further information, kindly contact us directly.

• Since you are the person who is involved in the case, only you can provide the facts to us.
• We required you to disclose all the relevant information & documents to us to ensure that we are able to accurately assess your case & thereafter to give you correct legal advice. The relevant documents may include contracts, letters, court documents, receipts, invoices, Statement of Account, agreements & etc.
• The relevant documents will be evidence for your case. If you are the person who is going to bring the legal action against another party & you are unable to provide sufficient evidence to prove your case, then there will be a higher chance that you may lose your case due to insufficient evidence.
• This can assist you to identify whether the documentation in your possession is sufficient to bring a legal suit or not & it is a self-checking process on the documentation.

For further information, kindly contact us directly.

It gives frequent business travellers :-

• fast-track entry and exit through special APEC lanes at participating airports; &
• multiple, short-term entries to precleared APEC economies without having to make a separate visa application to fully participating members.

For further information, kindly contact us directly.

• You may appoint the person that you prefer to become the executor (must be above 21 years old) of the estate;
• You may decide how your estate will be distributed;
• It offers you an opportunity to designate the person who will receive your assets after you had passed away;
• It ensures that your property goes to your loved ones & not follow the distribution of assets pursuant to the Distribution Act 1958;
• It will save you stamping fees for the transfer of properties; &
• It saves time & costs when your executor is applying for the grant.

We also provide advice & solution on creating Trust should you have any under privilege beneficiary in which you wish to protect after you had passed away.

For further information, kindly contact us directly.

What should I do if my beloved had passed away?

• Where your beloved had passed away (“the deceased”), then a member of his family or a person interested in his estate may take charge to administer & distribute his estate.
• Where the deceased has left a Will (ie. valid Will), then they can apply to the High Court for the grant of probate, in which an executor will be appointed to distribute the estate in accordance with the deceased’s Will.
• Where the deceased has left a Will (ie. valid Will), but there is no proving executor, then they can apply to the High Court for the grant of letters of administration with Will annexed, in which an administrator will be appointed to distribute the estate in accordance with the deceased’s Will.

Why should I do if my beloved left me suddenly without making any Will?

• If your beloved has not left a will or his will is invalid (ie, he had died intestate), then a member of his family or a person interested in his estate can apply for letters of administration (LA) so as to be appointed as the administrator of his estate. In such a case, the estate will be distributed according to the Distribution Act 1958.
• Such a person may obtain the LA either:-
  • by applying to the High Court;
  • by applying to Amanah Raya Berhad; or
  • by applying for small estate distribution.

What should I bring if I would like to apply for small estate distribution?

You may bring the following documents :-

• Original copy of the deceased’s death certificate;
• Original copy of the deceased’s marriage certificate;
• Original copy of the National Registration Identity Card (NRIC) of each beneficiary;
• Original copy of the birth certificate of each beneficiary;
• Original copy of the title to the deceased’s immovable properties (if any);
• Original copy of sale & purchase agreement (where the immovable property has no separate title);
• Copy of the receipts of current year quit rent & current assessment;
• Original copy of the deceased’s car grant (if any);
• Copy of the deceased’s savings accounts book (if any);
• Copy of the deceased’s bank statement (if any);
• Copy of the deceased’s EPF statement (if any);
• Copy of the deceased’s share certificate (if any); &
• others assets information.

For further information, kindly contact us directly.

Disclaimer
All information provided on this site are just for educational and informational purposes only. Our law firm makes no representations as to the accuracy, correctness, completeness, suitability, or validity of any information on this site and accepts no liability for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. The user is solely responsible to act or not to act on the information given.

What is the difference between bankruptcy & companies winding up?

• Bankruptcy is a process where a debtor or an individual is declared a bankrupt pursuant to a Court order if he is unable to pay his debts of at least RM50,000.00 & governed by Insolvency Act 1967 as been enforced on 6th October 2017. On the other hand, the winding up of a company is the process to the Court of bringing an end to a company should the amount in debts is at least RM10,000.00, in which the company’s assets will be sold off & it will be used to pay off the company’s debts & governed by Companies Act 2016.

How can a person be made Bankruptcy?

• A person can be made a bankrupt by a Court order & the Court order can be granted either:-
  • by creditor’s petition; or
  • by debtor’s petition.

Can I make payments directly to the creditors so as to settle my debts after I was made Bankrupt by the Court?

• No, you are not allowed to make direct payment to the creditor & all payment has to be made through the Director General of Insolvency (“DGI”). The payment will be credited into the estate account & distributed to the creditors who have filed in proof of debt.

Can I transfer my property to another person once I have been adjudged Bankrupt?

• No, you are not allowed to transfer your property to a third party once a Bankruptcy Order has been entered against you. As soon as you had been declared a bankrupt, any of your property shall be automatically vested upon the DGI.

What will happen if I had been declared a Bankrupt?

• The DGI will take control of all your property. All properties shall vest on the DGI except for those listed under section 48(1)(a) of the Insolvency Act 1967 (IA 1967). The properties under section 48(1)(a) of the IA 1967 include any property held by you on trust for any other person & any tools of trade & the necessary wearing apparel & bedding & other like necessaries of yourself, your wife & children to a value not exceeding RM5,000.00 in the whole. All your properties which are vested on the DGI will then be sold & when completed, the proceeds shall be distributed among the creditors.

What other rights will I lost if I was being declared a Bankrupt?

• You are not permitted to :-
  • be appointed as a Sessions Court Judge or Magistrate;
  • be nominated or holding or exercising the office of Councillor of a local authority;
  • be elected as a Member of Parliament;
  • be appointed as a trustee.

• You are not permitted to carry out the following acts without permission :-
  • commence any legal proceedings (other than an action for damages in respect of an injury to yourself);
  • leave the country;
  • enter into or carry on any business either alone or in partnership, or become a director of any company or otherwise directly or indirectly take part in the management of any company;
  • be involved in any business run by your spouse, children, or relatives.

• You shall :-
  • submit to the DGI an account of your income and expenditure once in every 6 months;
  • report to the DGI the receipt of all monies or properties exceeding RM500.00 that come into your possession.

What are the significant changes made to the Insolvency Act 1967?

• a social guarantor can no longer be made bankrupt;
• stricter requirement for personal service for bankruptcy notice & petition;
• introduction of the voluntary arrangement as an alternative to bankruptcy;
• a higher bankruptcy threshold from RM30,000.00 to RM50,000.00;
• introduction of the automatic discharge of bankruptcy;
• no objection to four (4) categories of bankrupt for applying a discharge under section 33A (discharge of bankrupt by Certificate of Director General of Insolvency);
• introduction of single bankruptcy order as a result of the abolishment of the current two-tier order system, i.e. receiving and adjudication orders; &
• Insolvency Assistance fund.

What is the official portal to Malaysia Department of Insolvency?

• http://www.mdi.gov.my/index.php

What is Company Winding Up?

• Winding up means the process of dissolving the company where the assets of a company will be collected & realised in order to pay debts to the creditors. A company may be wound up voluntarily or compulsorily by an order of court.

• There are two categories of voluntary winding up, which are creditors voluntary winding up & members voluntary winding up.

• A member’s voluntary winding up is initiated when the directors of a solvent company have passed a resolution for the assets of the company to be sold, for liabilities to be satisfied & to distribute the remaining assets of the company to the shareholders. There is a declaration of solvency by the sole director or majority of directors.

• Whereas, a creditors’ voluntary winding up occurs if the company is insolvent & the liquidator is appointed by the creditors at the creditors’ meeting. It happens where there is no declaration of solvency or where the declaration made has been rejected by the liquidator.

• The Court may wind up a Company by a Court order. In the case of Winding up by the Court, the parties who may petition to wind up include the company itself, any creditor, the contributory, personal representative of the deceased contributory, trustee in bankruptcy, the DGI of the estate of the bankrupt contributory, liquidator, Minister of Domestic Trade & Consumer Affairs, Minister of Finance, Bank Negara, & Registrar of Company.

• A Winding up by the Court may take place where the Company itself has passed a special resolution to be wound up by the Court, but more commonly the reason for the presentation of a petition for such winding-up is due to the inability of the Company to settle its debts. A Company shall be deemed to be unable to pay its debts if the Company is indebted in a sum exceeding the amount as may be prescribed by the Minister (ie. RM10,000.00).

What are the effects of a winding up on the company?

• The effects of a winding up are as follows :-
  • cessation of company’s business;
  • termination of contracts of employment;
  • avoidance of disposition of company’s assets;
  • avoidance of transfer of shares;
  • avoidance of uncompleted execution.

For further information, kindly contact us directly.

Disclaimer
All information provided on this site are just for educational and informational purposes only. Our law firm makes no representations as to the accuracy, correctness, completeness, suitability, or validity of any information on this site and accepts no liability for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. The user is solely responsible to act or not to act on the information given.

How can I get divorced?

• You & your spouse must have been married for at least two (2) years at the time the petition for divorce is filed, unless approved by the Court in exceptional or hardship cases.

• Basically, there are two types of divorce for non-Muslims, which are joint petition divorce & unilateral petition divorce.

Should I file for joint petition divorce or unilateral petition divorce?

• Where both of you & your spouse mutually consent to divorce & to all the terms of a divorce (ie. division of matrimonial assets, maintenance for wife & children, custody, care & control as well as access to children), you may file for joint petition divorce. This process is less costly & will be resolved in a shorter time as compared to a unilateral petition divorce.

• If you elected to divorce by way of a joint petition, both of you & your spouse are not required to attend marriage counselling at the National Registration Department before applying to the High Court of Malaya for an order for divorce.

• The joint petition will include the details of marriage & children & the terms agreed by you & your spouse (ie. maintenance, custody & division of assets). The petition will then be submitted to the High Court so as to obtain the hearing date. On the day of hearing, both you and your spouse must attend to the hearing unless exempted.

• The court will then grant a Decree Nisi for divorce which will be made absolute after 3 months. The Court will grant the dissolution of marriage after the Decree of Divorce be made absolute. The divorce certificate will be granted after the Decree Nisi be made absolute. The divorce certificate will be needed for registration purposes at the National Registration Department at Putrajaya (NRD). After that, you & your “spouse” will be formally divorced.

• On the other hand, you may file for unilateral petition divorce if your spouse refused to divorce with you or if both of you & your spouse cannot come into an agreement with the terms of the divorce.

• For unilateral petition divorce, both parties must attend to a meeting conducted by the Marriage Tribunal at the National Registration Department of Malaysia before filling any single petition. However, this procedure can be exempted under exceptional circumstances, for example, where the petitioner has been deserted & does not know the whereabouts of the spouse, where the respondent is residing abroad & is unlikely return to Malaysia within 6 months of the date of the petition, or where the respondent has been required to appear before a Marriage Tribunal & has willfully failed to attend.

• Moreover, you are required to prove that the marriage has broken down and it was caused by one or more of the following facts :-
  • adultery;
  • unreasonable behaviour;
  • desertion;
  • separation.

What should I bring if I would like to divorce with my spouse?

• Original copy of marriage certificate of both of you & your spouse;
• Original copy of National Registration Identity Card of both of you & your spouse;
• Original copy of birth certificates of your child(ren) (if any);
• Original copy of medical report of your child(ren) (for children below 18 years old);
• Copy of title/sale & purchase agreement, copy of the receipts of current quit rent & current assessment (if any) (if the terms concerning the division of matrimonial assets have been discussed);
• Copy of the documents of other matrimonial assets (if any) (if the terms concerning the division of matrimonial assets have been discussed).

How does the Court divide the matrimonial assets?

• Under section 76 of the Law Reform (Marriage & Divorce) Act 1976 (LRA 1976), when deciding how the property should be divided, the court will consider the following factors:
  • the extent of contribution my by you towards the acquiring of the property;
  • the contribution that you have made to the welfare of the family by looking after the home or caring the family;
  • any debts owing by either party which were for the joint benefit benefit;
  • the needs of any minor children (below 18 years old).

Can I ask the other spouse to pay maintenance after divorce?

• By virtue of section 77 of the LRA 1976, the Court may order a man to pay maintenance to his wife during Court proceedings & after the divorce. Nevertheless, a woman may also be ordered to pay maintenance to her husband only if he is incapable of earning a livelihood by reason of mental / physical injury or ill health. Maintenance payments can be made by way of a lump sum or monthly payments.

• In determining the amount of maintenance, the Court will consider primarily the future & present income, property resources, earning capacity & financial needs of you & your ex-partner. The Court will look at the duration of marriage, age of wife, standard of living of the family, & financial support provided to the wife during the marriage. 

Am I qualified to get the custody of my child?

• In deciding with whom the child will live with, the paramount consideration shall be the welfare of the child & the Court will also consider the wishes of the parents & the wishes of the child (if he/ she is able to express an independent opinion) pursuant to section 88 of the LRA 1976.

• The law presumes that it is better for a child below the age of 7 years to be with his or her mother. However, this presumption is rebuttable if the father is able to provide proof of evidence that the mother is not fit to have custody of the child.

Can I claim for the maintenance of my child(ren)?

• Under section 93 of the LRA 1976, the Court has the power to ask both father & mother to pay or contribute to the maintenance of the children. Generally, the order for maintenance will expire when the child reaches the age of 18. However, if the child suffers any physical or mental disability, or is pursuing further or higher education or training, the order for maintenance will only expire at the cessation of such disability or completion of such further or higher education or training.

Do I have to attend to the court for both joint petition divorce & unilateral petition divorce?

• Yes, you are required to attend the Court.

I have found out that my spouse if having an affair with another person, what can I do?

• You may choose to file a unilateral petition divorce & you may seek for compensation &/or damages from the third party for causing the breakdown of the marriage by joining him/her as a co-respondent.

For further information, kindly contact us directly.

Disclaimer
All information provided on this site are just for educational and informational purposes only. Our law firm makes no representations as to the accuracy, correctness, completeness, suitability, or validity of any information on this site and accepts no liability for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. The user is solely responsible to act or not to act on the information given.

What is Sales & Purchase Agreement?

• The Sales & Purchase Agreement (also known as “SPA” or “S&P Agreement”) is a legally binding contract which lays out all the agreed terms & conditions of the sale of property between a vendor/owner & the purchaser/buyer.
• It will generally include the following information :-
  • details of the title to the property;
  • details of all parties involved in the transaction;
  • agreed purchase price;
  • manner of payment;
  • type of loan/financing (if any);
  • manner & timing for delivery of vacant possession of the property;
  • penalty provisions;
  • defect liability period (for developers projects); &
  • other negotiated and mutually agreed arrangements.

What is the difference between individual title & strata title?

• An individual title is normally issued for landed properties such as terrace houses, semi-detached houses, bungalows. It is issued when you are the only owner of the whole piece of land. 
• A strata title is usually issued for high-rise properties such as condominiums, apartments, and landed properties which are gated and guarded. A strata title is issued when you own a portion of the land, alongside the other owners.

What documents should I bring if I would like to sell my property?

(a) If you have title to your property (ie individual title / strata title), kindly bring the following documents:-

• Original copy of your National Registration Identity Card (“NRIC”) (for both Malaysian & foreigner) or passport for foreigner (if the property is in the name of individual);
• Original copy of the title to the property;
• Original Copy of your previous Sales & Purchase Agreement for your property;
• Copy of the official receipts of current year quit rent & current assessment;
• Copy of the receipt of utility bills;
• Copy of the receipt of management fees (for apartment); &
• Copy of the redemption statement (if any).

(b) If you do not have title to your property, kindly bring the following documents:-

• Original copy of your National Registration Identity Card (“NRIC”) (for both Malaysian & foreigner) or passport for foreigner (if the property is in the name of individual);
• Copy of your previous Sales & Purchase Agreement for your property;
• Copy of the official receipts of current year quit rent & current assessment ;
• Copy of the receipt of utility bills;
• Copy of the receipt of management fees (for apartment); &
• Copy of the redemption statement (if any).

For further information, kindly contact us directly.

Disclaimer
All information provided on this site are just for educational and informational purposes only. Our law firm makes no representations as to the accuracy, correctness, completeness, suitability, or validity of any information on this site and accepts no liability for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. The user is solely responsible to act or not to act on the information given.

What is a trademark?

• A trademark is a sign capable of being represented graphically which is distinguishing the goods or services produced or provided by a trader or service provider. It can be in the form of any letter,  word,  name,  signature,  numeral,  device,  brand,  heading,  label,  ticket,  shape of goods or their packaging, colour, sound, scent, hologram, positioning, sequence of motion or any combination thereof.

Am I eligible to apply for trademark registration?

• Any person claiming to be the owner of the trademark using the trademark or proposing to use the trademark may apply for registration of that mark in Malaysia. The owner may be an individual, sole proprietorship, partnership, company or organisation.

Can I register the trademark in more than one class of the goods and/or services?

• Yes, you may now register your trademark in more than one class of the goods &/or services in just one application.

What the advantages of registering my trademark?

• It assists your customer to locate your products more easily since the logo of your trademark can communicate your vision, quality or unique characteristic of your company & organisation. Your customers can differentiate the quality of a product by the logo/brand name.
• Consumers have preference to choose a particular trademark for its known quality. If your products & services have a high quality, hence it will be made known to everyone through identification of your trademark in the market. It will establish trust & goodwill among the customers in market & attracting permanent customers who always opt for the same brand.
• The registered trademark will become an intangible asset. It may be licensed or franchised to other traders or service providers.
• The registered trademark will generate the positive image of the organisation & thus people are attracted towards them easily. It will contribute to the reputation of your products in the eyes of consumers by branding & marketing the products containing your registered trademark.
• You, as the owner of the registered trademark, enjoy exclusive right over the use of your trademark in the course of trade. As such, you can prevent your competitors or other person from the unauthorised use of the trademark under the same class where it is registered.
• You are entitled to take legal action for infringement of trademark against the infringer who had used your registered trademark without your approval or authorisation.

What documents are needed if I would like to apply for trademark registration?

• If the applicant is an individual, a copy of his or her National Registration Identity Card (NRIC) is required; or
• If the applicant is a company, a copy of Form 9/24/49 is required; or
• If the applicant is a sole proprietor, a copy of Borang B & D is required;
• A copy of trademark/ logo in the form of jpeg; and
• Listings of goods &/or services; and
• A certified translation & transliteration of the mark applied for is required where a trademark contains any word or words in a language or alphabets other than the national or English language/alphabets (if any).

What are trademark classes?

• Malaysia adopts the eleventh edition of the International Classification of Goods & Services (Nice Classification) for the purposes of the registration of trademark established pursuant to the Nice Agreement & the lists of all goods & services specified in the Madrid Goods & Services. There is a total of 45 classes, in which 34 classes for goods, & 11 classes for services.

Will my mark be prohibited from being registered?

• Under the Trademarks Act 2019, your mark may be prohibited from being registered if it contains words or representations as expressly stipulated under Section 23 & Section 24 of Trademarks Act 2019 & Regulation 4 of Trademark Regulations 2019.

What will happen if I did not use my registered mark for about 5 years?

• Your registered mark may be revoked if it has not been used in trade in Malaysia for a continuous period of 3 years following the date of issuance of the notification of registration & if you cannot provide any legally acceptable reason for non-use.

How will my trademark be registered?

• The procedures for registration of trademark, if there is compliance to all the formality requirements or there is no opposition, are as follows:-
  • Trademark search (optional, but strongly recommended);
  • Filling trademark application;
  • Publication in Intellectual Property Official Journal;
  • Acceptance of trademark application;
  • Issuance of notification of the registration of trademark;
  • Application for obtaining certificate of registration.

How long can my trademark be protected?

• A trademark registration is valid for a period of 10 years from the date of the application & may be renewed every 10 years.

Can I register my trademark internationally?

• Yes, Malaysia has acceded to the Madrid Protocol, an international trademark registration system administered by the World Intellectual Property Organization (WIPO), & has come in to force on 27.12.2019. Hence, trademark owners in Malaysia can register their trademark through the Madrid system in which they may obtain protection in multiple member countries by just filing one international application & paying fees in one currency.

For further information, kindly contact us directly & the above information can be found in http://www.myipo.gov.my/en/home/ & https://www.wipo.int/portal/en/index.html.

Disclaimer
All information provided on this site are just for educational and informational purposes only. Our law firm makes no representations as to the accuracy, correctness, completeness, suitability, or validity of any information on this site and accepts no liability for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. The user is solely responsible to act or not to act on the information given.