Our law firm in Malaysia
provides legal services
to both natural persons and companies. Each industry in Malaysia
is governed by a specific set of rules and regulations to which the company’s representatives should comply to. Our Malaysian lawyers
offer consultancy on the local
legislation in order to prevent any legal troubles or to help you overcome any legal disputes
your company may be involved in. Our Malaysian lawyers
comply with the regulation of the professional ethics and will organize their activity by setting up legal strategies
created in the best interest of our clients. We offer high-quality services
related to litigation, mediation, taxation and more. Our attorneys
can provide clients with professional legal services
related to the corporate and commercial aspects
of your company; we can represent you in a Malaysian court
in the situation of a commercial dispute
and we can issue legal opinions on any legal matter.
The list below summarizes the main types of legal services brought to you by our law firm in Malaysia
Entrepreneurs who want to open a company in Malaysia
are advised to receive the legal assistance of our lawyer in Malaysia
, who can facilitate the process of registering a business
here, as they are very familiar to all the legal proceedings
stipulated under the Malaysian legislation
. We can offer assistance in the delivery of the legal documents requested to open a company
, verify if they respect the stipulations of the Commercial law and help you register for value added tax and social security. The entrepreneurs can choose Labuan for company formation
because they can benefit from the low taxation and the multiple advantages of setting up a company in this region of Malaysia.
Company mergers and acquisitions in Malaysia, supervized by our lawyer in Malaysia
Company mergers and acquisitions are regulated processed that may occur via a purchase of shares in a business or a takeover (voluntary, compulsory acquisitions, etc.). Legal assistance is preferable before the conclusion of a business takeover. Due diligence is important in these cases and one of our lawyers can help analyze the legal implications of the business takeover or merger.
We can assist during the pre-transaction phase and with complete legal due diligence services, along with assistance for negotiation and agreement drafting.
We also assist individuals in civil proceedings that include but are not limited to Family Law
and employment. Our team will work diligently to find the most adequate and fast legal solutions. If the case allows for alternative dispute resolution methods, our team can help you with arbitration in Malaysia.
Our team has extensive experience in litigation matters and our team includes attorneys who specialize in selected practice areas, many of which were summarized in this presentation.
Court litigation in Malaysia
Persons involved in a commercial litigation should know that the cases in which the claims are above the value of RM 1 million are dealt by the High Court of Malaysia. These types of cases are considered to be large commercial disputes.
High Court in Malaysia is comprised of the following subdivisions:
• criminal division;
• civil division;
• commercial division;
• appellate and special powers division;
• family division.
Our attorneys can represent you in front of the commercial division in the situation of a commercial litigation case or commercial dispute which can be related to intellectual property disputes, insurance, contracts and many other aspects connected to the activities of a company.
Mediation and arbitration in Malaysia
As a consequence of the Arbitration Act in 2005
, the court may want to settle the case through alternative dispute resolutions, such as mediation or arbitration; our Malaysian lawyers
can offer you legal representation in any of the options decided in the court.
Claims in litigations
can be brought to the court within certain limits of time, established by the local legislation in accordance to the case:
• disputes that arise from contracts or tort - 6 years;
• enforcement of judgment -12 years;
• legal action to recover land - 12 years.
If you are interested in this matter, our law office in Malaysia
can offer you further information.
Commercial litigation lawyers
Cases with claims below RM 1 million are brought in front of the Sessions Court.
According to the local legislation, only the lawyers
who have received a certificate issued under the legislation of the Legal Profession Act
have the right to conduct cases in a Malaysian court,
where the claims are larger than RM 1 million.
Representation provided by our lawyer in Malaysia
Between them, our lawyers have a broad experience in corporate and commercial litigation, with an emphasis on representing businesses, including foreign companies in Malaysia, in legal disputes.
The following list highlights the main areas of law in which we can assist you:
- Contractual breaches: failure, without any legal excuse, to perform the services or activities agreed upon in a business contract;
- Shareholder disputes: company shareholders may take legal action when their powers are not taken into consideration or when there are treated in an unfair or prejudicial manner.
- Business fraud: business fraud and unfair competition can often be solved in court.
- Intellectual property rights: certain laws are in place for the IP protection of both local and foreign investors and when infringements arise (for patents, trademarks, copyright, designs and others), our team can help you.
These are just some of the situations in which our team can be of assistance. Our litigation attorneys
also have experience in business dissolution cases or commercial real estate disputes as well as non-compete agreements.
The court structure in Malaysia
The Court of Appeal, the Federal Court and the High Court are the superior ones, while the Court for Children, the Sessions Court and the Magistrates’ Court are subordinates. The Court for Children and the Magistrates’ Court are administered by magistrates.
Also, outside the hierarchy there are various other courts, like the Syariah Courts, the Penghulu’s Courts and the Native Courts.
As a general fact, there are two types of trials: civil and criminal. First, there is Federal Court, which hears appeals from the Court of Appeal. Then, the Court of Appeal hears, from the High Court, the appeals in relation to both criminal and civil matters. After that, the High Court is split into:
- Civil Jurisdiction,
- Criminal Jurisdiction,
- Appellate Jurisdiction.
Regarding the Civil Jurisdiction, the High Court administers all of the civil matters but, generally, it confines itself to the matters on which there is no jurisdiction from the Magistrates and the Sessions Courts, mentioned our lawyers in Malaysia
The High Court may hear all matters on Criminal Jurisdiction but, generally, limits itself to offences where the Magistrates and Sessions Courts have no jurisdiction like, for example, offences that carry the death penalty. Any law firm in Malaysia
will specify that the Sessions Court may hear any of the civil matters involving motor vehicle accidents, distress actions and disputes between landlord and tenant etc. It may also hear any other matters in which the amount disputed does not exceed RM1,000,000.
Regarding the Appellate Jurisdiction, the High Court may hear appeals from the Sessions Courts and Magistrates, in both criminal and civil matters. The amount disputed in all of the civil matters must not exceed RM10,000 – except for when a question of law is involved.
For more details about the legal services available in Malaysia or other countries, such as Serbia
, please contact our Malaysian law firm