Legal services in Malaysia
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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. 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. On the other hand, those interested in immigration to Malaysia can solicit the legal advice of our experts. All the relocation aspects can be managed by our immigration lawyers in Malaysia.
| Quick Facts | |
|---|---|
| How can a Malaysian lawyer help you start a business? | Our local advisors can draft the required documents, register for tax payments, help you prepare the company's internal rules, and collaborate with the relevant authorities. |
Services offered by our lawyers in Malaysia | We provide legal support for: - business and tax registration, - litigation, - debt collection, - property purchase, - trademark registration, - contractual and employment conflicts |
Representation for divorce cases | The divorce petition is accepted if both spouses agree to separation. |
| Support for licenses and permits | Yes |
| Legal advice for commercial disputes | We cover issues related to business contracts, intellectual property, partnerships, employment, etc. |
| Power of attorney | Our lawyers in Malaysia can represent clients for opening a firm, a bank account, or purchasing a property. |
| Real estate due diligence (YES/NO) | Yes |
| Legal advice for mergers and acquisitions (YES/NO) | Yes |
| Company liquidation | The company liquidation starts if a special resolution is signed by the company owners. |
| Tax advice and planning | On request |
| Wealth management | We offer dedicated plans for high-net-worth individuals. |
| We manage immigration issues | We can explain the conditions to join Malaysia My Second Home Program. |
| Representation for Family Law cases | Marriage, divorce, child custody, judicial separation, and civil partnership issues can be managed by our experts. |
| Free case evaluation | Customers can access our website for a quick evaluation made by our experts. |
| Reasons to choose our law firm in Malaysia | - professionalism, - transparency, - efficiency, - affordable prices for the legal services offered |
Our Malaysian attorneys comply with the regulations of professional ethics and will create legal strategies in the best interest of our clients. We offer professional services related to litigation, mediation, taxation, and more.
Our attorneys from LawOfficeMalaysia.com can provide clients with legal services related to the corporate and commercial aspects of their companies; we can represent them 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:
- Legal representation: court representation in litigation cases - our team of lawyers has extensive experience in representing clients in court in all types of litigation cases, most notably commercial and business litigation.
- Company formation services: from choosing the type of company to drafting and submitting the company documents, our lawyers can meet your every need for assistance during company formation. Our services can be tailored to your specific needs, especially for those foreign investors who cannot be present in the country at all times. Businessmen interested in opening companies in another country, for example in Moldova, can receive company formation services from our partners.
- Tax planning: from basic counseling on the provisions of the Income Tax Act or the Goods and Services Act to specialized tax planning, our lawyers provide adequate services related to all taxation issues for companies and individuals.
- Complete assistance for foreign investors: our Malaysian lawyers have extensive experience in working with foreign entrepreneurs and can discuss various issues or concerns you might have before deciding to open a company or enter a business merger or acquisition. We provide complete legal advice in regard to the applicable foreign investment law.
Our team of attorneys in Malaysia can provide complete legal services and representation in litigation cases. We can help you with commercial and business disputes that include but are not limited to Contract Law, intellectual property, Competition Law, shareholder disputes, or any tax litigation matters. In our work with numerous local and international companies, we have handled a large number of cases and have gained notable experience in corporate and commercial disputes. We provide both advisory services and successfully defend and act in court in various legal proceedings. We can also assist clients interested in immigration to Malaysia.
Company formation in Malaysia
Entrepreneurs who want to open a company in Malaysia are advised to receive legal assistance from our lawyer in Malaysia, who can facilitate the process of registering a business here. He is very familiar with all the legal proceedings stipulated under Malaysian legislation. We can offer assistance with 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 also 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. On the other hand, we can help foreigners obtain citizenship in Malaysia.
Investors interested in forming companies in other countries, for example in an offshore jurisdiction, such as the British Virgin Islands (BVI), can receive assistance from our partners - BVICompanyIncorporation.com.
Company mergers and acquisitions in Malaysia, supervised by our lawyer in Malaysia
Company mergers and acquisitions are regulated processes 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.
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.
Company liquidation and winding up in Malaysia
Investors who want to liquidate a Malaysian company and then wind up that legal entity completely should know that the procedure is subject to a set of rules. There are several steps needed to be followed accordingly in order to lawfully close down a company that was engaged in business activities in the country. Our lawyers can assist you in any of the two cases in which a company can be liquidated: voluntarily, when the founders decide it, or when the liquidation is subject to a court order.
Residency in Malaysia can be obtained by those who want to study in this country, work, for family reunification, or even investment. It is important to know that such a permit can be obtained in a maximum of 12 months from the date of application, and the respective document has no expiration date, which means that it is indefinite and there is no need to change it. But all legal aspects can be explained by one of our lawyers with experience in immigration matters. We, therefore, recommend that you contact us to benefit from legal support.
Residency in Malaysia can be obtained by those who want to study in this country, work, for family reunification, or even investment. It is important to know that such a permit can be obtained in a maximum of 12 months from the date of application, and the respective document has no expiration date, which means that it is indefinite and there is no need to change it. But all legal aspects can be explained by one of our lawyers with experience in immigration matters. We, therefore, recommend that you contact us to benefit from legal support.
Corporate tax legal advice offered by our attorneys in Malaysia
Our Malay lawyers from LawOfficeMalaysia.com can offer you information on the taxation system applicable to both companies and individuals and the rates of taxes here. A lawyer in Malaysia can help you comply with the local taxation system applicable to foreign companies and can assist you in receiving tax deductions or exemptions applicable to companies originating in the countries with which Malaysia has signed double taxation treaties.
We invite you to watch a short video about the main legal services LawOfficeMalaysia.com provides:
We invite you to watch a short video about the main legal services LawOfficeMalaysia.com provides:
Debt recovery lawyers in Malaysia
Our team of attorneys in Malaysia also specializes in debt recovery. This means that our team of experts can help you recover owed money or assets from clients or business partners. Before deciding to take legal action for outstanding debts, talking to an experienced lawyer can reveal other alternatives, like arbitration or mediation, which may be preceded by a negotiation session with the debtor.
We can assist clients in performing the necessary actions, such as issuing the letter of demand to the debtor and performing the necessary searches to determine if the company that owes undue payments is indeed capable of honoring its financial obligations.
We can assist clients in performing the necessary actions, such as issuing the letter of demand to the debtor and performing the necessary searches to determine if the company that owes undue payments is indeed capable of honoring its financial obligations.
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 the arbitration in Malaysia.
Our Malay attorneys have extensive experience in litigation matters and our team includes solicitors who specialize in selected practice areas, many of which were summarized in this presentation.
Interested in a corporate lawyer in Malaysia? You might be interested in the services offered by our specialists. Thus, you can benefit from specialized legal advice if you are planning a joint venture. Also, if you are involved in commercial litigations, the support of such an expert is more than recommended. We can draw up and verify business contracts and offer legal advice to those who are involved in business and want to stay away from legal issues.
Court litigation in Malaysia
Persons involved in commercial litigation should know that the cases in which the claims are above the value of RM 1 million are dealt with by the High Court of Malaysia. These 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 of 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 with 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. You can solicit the support of our immigration lawyers in Malaysia if you would like to relocate to this country.
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 in case the claims are larger than RM 1 million.
Representation provided by our lawyer in Malaysia
Our lawyers have a long experience in corporate and commercial litigation cases, 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 they 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 help. Our litigation attorneys also have experience in business dissolution cases or commercial real estate disputes as well as non-compete agreements.
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 is administered by magistrates.
Also, outside the hierarchy, there are various other courts, like the Syariah Courts, the Penghulu Courts, and the Native Courts.
Generally, there are two types of trials: civil and criminal. First, there is the 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 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.
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.
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 is administered by magistrates.
Also, outside the hierarchy, there are various other courts, like the Syariah Courts, the Penghulu Courts, and the Native Courts.
Trial types
Generally, there are two types of trials: civil and criminal. First, there is the 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 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.
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. Talk to us about immigration to Malaysia, if you want to know more on this topic.
Testimonials
Starting a company in Malaysia can be difficult since it involves such complex procedures. The team from LawOfficeMalaysia.com is very qualified and benefits from extensive expertise in this area.
Mihai Cuc, Partner of
Enescu & Cuc Law Firm
www.RomanianLawOffice.com
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Mihai Cuc, Partner of
Enescu & Cuc Law Firm
www.RomanianLawOffice.com
Read more testimonials