News & Updates – Abdullah Chan & Co.

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Tue, 26 Aug 2025 03:43:00 GMT

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A&O, Abdullah Chan act on USD1.2bn Malaysia data centres deal

Mon, 03 Feb 2025 04:42:00 GMT

A&O Shearman and Abdullah Chan & Co have advised Sime Darby Property (SDP) on a USD1.2 billion agreement to build and lease data centres in Malaysia with Pearl Computing Malaysia, a wholly owned subsidiary of multinational tech company Raiden APAC.

In an interview with Asia Business Law Journal , Yap Hui Lu, partner at Abdullah Chan & Co, said the involvement of seasoned and commercially savvy experts on both sides introduced unique complexities to the negotiation and documentation process, fostering a highly collaborative, goal-orientated approach.

This transaction marks SDP’s second collaboration with Pearl Computing and highlights the Malaysian firm’s forward-looking steps to pivot from property development to real estate investment as well as the increasing focus on digital infrastructure in Southeast Asia, responding to the growing demand for cloud services and data storage.

Yap expressed her satisfaction with the outcome, emphasising that both parties successfully reached a mutually beneficial agreement and the project would hopefully help catalyse the real estate investment space in Malaysia, which is rather nascent compared with more developed markets.

The transaction saw collaboration across jurisdictions, with Abdullah Chan & Co’s lead partner Yap and A&O Shearman’s partner Saranpaal Calais as international counsel.

The project is scheduled for completion by December 2027.

https://law.asia/sime-darby-property-data-centre-deal-malaysia

Recent changes to Tax and Stamp Duty in Malaysia

Tue, 19 Nov 2024 22:47:00 GMT

Recent changes to Tax and Stamp Duty in Malaysia

The Finance Act (no. 2) of 2023 (“the Finance Act”) came into effect on 1 January 2024, with various provisions that were part of the Budget 2024 announcement; and also providing further detail on new matters such as the introduction of Capital Gains Tax. This note serves to highlight a few key areas.

Capital Gains Tax (“CGT”)

From 1 January 2024, CGT will be imposed on gains or profits derived by companies, limited liability partnerships, trust bodies, and cooperative societies, from the disposal of capital assets (including shares in unlisted companies) in Malaysia; from the disposal of shares in a foreign company which owns real property in Malaysia; and from the disposal of capital assets outside Malaysia. If acquired before 1 January 2024, the applicable rate is 2% on the gross disposal price or 10% on the net gains from disposal OR at the rate of 10% of the net gains if (the capital asset is) acquired after 1 January 2024.

Stamp Duty

Highly pertinent to lawyers – under the Stamp Act 1949, an “Instrument” is now defined to “include every written document”; further – “writing” or “written” now includes any handwriting, typewriting, printing, electronic record or transmission which is in an electronically readable form. Therefore, “Instruments” will now include instruments that subsist in an electronic format. This is arguably in line with modern convention around the globe.

Impacting cross – border transactions, documents executed outside Malaysia were previously to be stamped within 30 days of having been received in Malaysia. Proof of such receipt now includes electronic transmission. There is therefore no longer a distinction between receiving wet-ink originals and receiving documents electronically, for purposes of stamp duty timelines. Nor is there a difference between keeping a wet-ink original outside of Malaysia and keeping the same document in Malaysia.

Stamp duty on foreign currency loan agreements was previously capped at RM2,000 – this has now been amended so that the stamp duty for such foreign currency loans or Syariah instruments, is the same as that of Ringgit Malaysia loans, ie a flat 0.5% on the value of the loan.

Collectively, these changes mean that once a PDF version of a document (that has been executed by all parties) is circulated via email, a stamp duty liability arises. Particularly for large purchases and large loans for example involving aircraft and ships, which typically involve foreign currency loans and execution of documents outside Malaysia, parties need to be aware of the increased computation and cost of stamp duty as well as the shorter timelines.

In addition, the use of franking machines and adhesive stamps is discontinued after 1 January 2024.

E-invoicing

Electronic invoicing will be mandated for taxpayers with an annual turnover of more than RM100mil on 1 August 2024, with additional deadlines of 1 January 2025 (for turnover of between RM25mil and RM100mil) and 1 July 2025 (for all companies).

Service Tax

The standard service tax rate (currently 6%) has been increased to 8%. However, certain services such as food and beverage, telecommunication services, telecommunications services and supply chain services remain at 6%.
ESG matters Various incentives have also been introduced to encourage more companies to comply with ESG standards, including: (i) a tax deduction on certain expenditures for four years from 2024 onwards; (ii) an additional tax deduction for companies in relation to the development of certain carbon projects; and (iii) an extension of the period for tax deduction of rental expenses of e-Vehicles. This is in line with the new emphasis on ESG in Malaysia, both from a consumer and industry as well as a regulatory perspective; and also puts Malaysian companies in good stead to project a greener profile for international trade and investment.

Note by Datin Shelina Razaly Wahi of Abdullah Chan & Co
15 March 2024

* This note constitutes an information update only, and is not to be relied upon as legal advice. For further information, kindly contact: shelina@abdullahchan.my

Aviation : Finance & Leasing 2024 – Chambers Global Practice Guide

Mon, 18 Nov 2024 15:55:00 GMT

https://practiceguides.chambers.com/practice-guides/aviation-finance-leasing-2024/malaysia

Aviation : Finance & Leasing 2023 – Chambers Global Practice Guide

Thu, 17 Aug 2023 07:27:00 GMT

Aviation-Finance-Leasing-2023-2

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9 March 2021 – Case Update – Applying a Scheme of Arrangement to an Airline in Malaysia

Tue, 16 Mar 2021 07:53:00 GMT

The High Court in Malaysia has recently, on 19 February 2021, granted leave to AirAsia X Berhad, a long-haul low cost airline based in Malaysia, and a sister company of AirAsia (“AirAsia X”), pursuant to the provision of s.366(1) of the Companies Act Malaysia (“Act”), to inter–alia , convene meetings of certain classes of AirAsia X’s creditors, to consider and approve a scheme of compromise or arrangements to be proposed by AirAsia X.

210308-Case-Update-AirAsia-X-Scheme-of-Arrangement-final-2-10

9 Sept 2020 – Malaysian updates amidst the COVID-19 Pandemic Extension of Recovery Movement Control Order to New Year’s Eve

Thu, 10 Sep 2020 08:28:00 GMT

The Malaysian Government has on 1 September 2020, gazetted the Prevention and Control of Infectious Disease (Declaration of Infected Local Areas) (Extension of Operation) (No. 6) Order 2020 and the Prevention and Control of Infectious Disease (Measures within Infected Local Areas) (No. 8) Regulations 2020 (“Regulations No. 8”)

Please contact our partner Vincent Chan Siew Onn at email : vincent@abdullahchan.my or mobile +6012 291 6896; or our partner Datin Shelina Razaly Wahi at email : shelina@abdullahchan.my or mobile : +6012 327 1973, for further information.

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24 July 2020 Parking Aircraft When They Are No Longer Flying – Consider The Labuan Option by Datin Shelina Razaly Wahi

Fri, 24 Jul 2020 08:24:00 GMT

Parking Aircraft When They Are No Longer Flying – Consider The Labuan Option by Datin Shelina Razaly Wahi

Although domestic flights have resumed faster than initially anticipated, the fact that many international borders remain closed (both from the perspective of restricting residents and citizens from exiting a country; and the restriction on the entry of non-citizens / non-residents into a country), has meant that international flights have a long way to go, to hit their pre-COVID-19 levels.

Article Written By:

DATIN SHELINA RAZALY WAHI

PARTNER

E: shelina@abdullahchan.my

DL: +603 23000620

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1 July 2020 – Covid 19 – Updated SOPs for all sectors by MKN

Sat, 06 Jun 2020 02:40:00 GMT

Covid 19 – Updated SOPs for all sectors by MKN

pua_20200610_PUA179

pua_20200610_PUA180

9.6.2020 Peraturan-Peraturan Kompaun (No. 7) (1)

1 – Pengenalan SOP Pembukaan Semula Ekonomi MKN

1.2 – Senarai Aktiviti yang Dilarang – MKN _ 10 Jun 2020

3 – Pengangkutan dan Logistik MOT

4- Makanan KWP_ 10 JUN 2020

5 _Perkhidmatan_Ikhtisas_&_Profesional_MITI_10_Jun_2020

6- Sosial Kementerian Perpaduan Negara

7- Perkhidmatan dan Pelbagai KSM

8 – Peruncitan KPDNHEP_ 10 JUN 2020

9 – Ar-Rahnu dan Koperasi Kredit MEDAC_ 10 JUN 2020

10 – Agrikomoditi MPIC_ 10 JUN 2020

11 – Kewangan MOF

12 – Industri Pertahanan MINDEF

13 – T enaga,_Perhutanan,_Mineral_dan_Hidupan_Liar_KETSA_10_Jun_2020

14 – Pendidikan KPM Final_ 10 Jun 2020

15 – Pertanian dan Makanan – MOA _ 10 Jun 2020

16 – Komunikasi dan Teknologi Maklumat – KKMM _ 10 Jun 2020

17 – Pelancongan, Seni & Budaya MOTAC

18 – Pembinaan – KKR _ 10 JUN 2020

19 – Kawalan Keselamatan Swasta – KDN _ 10 Jun 2020

20 _Kebersihan_Keselamatan,_Perumahan_Strata,_Makanan&_Kewangan_KPKT

21- Perubatan – KKM _ 10 Jun 2020

22 – R&D dan Makmal Ujian MOSTI

23 – Penjagaan Sosial KPWKM_ 10 JUN 2020 V2

24_Perkhidmatan_Konsular,_Protokol_dan_Operasi_KLN_Final_09062020 (1)

25 – Alam Sekitar KASA_ 10 JUN 2020

26 – Guaman-BHEUU_10 Jun 2020

27 – Minyak and Gas PETRONAS _ 10 Jun 2020

28 – Road to Tokyo – KBS _ 10 Jun 2020

29 – Rumah Ibadah Kementerian Perpaduan Final

30 – Sukan & Rekreasi – KBS _ 10 Jun 2020

3 1_Industri_Kreatif_rakaman_&_pengembaran_KKMM_10_JUN_2020

32_SOP_Sektor_Kewangan_Jualan_dan_Pemasaran_di_Luar_Premis_10_Jun

33 – Pengajian Tinggi – KPT _ 10 Jun 2020

34- Temuduga dan Ujian Fizikal SPA_ 30 JUN 2020 (1)

35-RUMAH IBADAT BUKAN ISLAM _ dikemaskini pada 24 jun 2020

36-PERSIDANGAN, AGM_30 JUN 2020- v2

37-Pelancongan Kesihatan_ 29 JUN 2020

38-PELAKSANAAN SRS_ dikemaskini pada 24 Jun 2020

39-PAWAGAM & INDUSTRI KREATIF_ 24 JUN 2020

40-MOHR Perkhidmatan ILK (Awam & Swasta)_ 30 JUN 2020

41-Majlis_Rasmi_Kerajaan_dan_Swasta_Dikemaskini_pada_24_jun_2020

42-Ibadah Korban PKPP

43-Majlis Sosial_ 25 JUN 2020

1 June 2020 Evolution of Shariah Standards and Guidelines for AAOIFI, IFSB and Bank Negara Malaysia

Mon, 01 Jun 2020 01:54:00 GMT

Evolution of Shariah Standards and Guidelines for AAOIFI, IFSB and Bank Negara Malaysia

GOPALA KRISHNAN SUNDARAM
PARTNER
gopal@abdullahchan.my

View Article

FAQs in relation to the Conditional Movement Order

Thu, 14 May 2020 11:37:00 GMT

FAQs in relation to the Conditional Movement Order

1. FAQ KPM (PKPB_3 Mei 2020)

2.FAQ KPDNHEP (PKPB_3 Mei 2020)

3.FAQ MOT (PKPB_3 Mei 2020)

4. FAQ KLN (PKPB_3 Mei 2020)

5.FAQ Perpaduan Negara (PKPB_3 Mei 2020)

6. FAQ MPIC (PKPB_4 Mei 2020)

7. FAQ MOSTI (PKPB_4 Mei 2020)

8. FAQ KBS (PKPB_4 Mei 2020)

9. FAQ KWP (PKPB_5 Mei 2020)

10. FAQ KSM (PKPB_ 6 Mei 2020)

11. FAQ MOTAC (PKPB_6 Mei 2020)

13. FAQ KKR (PKPB_7Mei 2020)

17. FAQ KETSA (PKPB_12 Mei 2020)

5 May 2020 Announcement on office re-open

Fri, 08 May 2020 11:04:00 GMT

1 May 2020 Covid-19 Updates (SOPs for reopening the economy)

Fri, 01 May 2020 09:02:00 GMT

Standard Operating Procedures for Reopening of the Economy

The SOPs for the reopening of the economy, include requirements on social distancing, frequent hand-washing, wearing face masks and symptomatic individuals to go for health screening. Restaurants may operate with social distancing requirements and outdoor sports and recreational activities without body contact are permitted. In addition, employers are recommended to arrange for their teams to continue working from home and in the office on alternate days.

The SOPs comprise a general SOP for re-opening the economy and various other SOPs applicable to sector-specific companies and businesses issued by the relevant government ministries having jurisdiction over such sectors.

For a full list of the SOPs issued by the National Security Council

200501-Abdullah Chan & Co-Update on Loosening of Covid 19 MCO Restrictions – final

00 – Introduction_Final (rev3)

01 – KBS – Sukan dan Rekreasi

02 – MOT – Pengangkutan dan Logistic – Final

03 – KWP – Makanan – Final

04a – MITI – Perkhidmatan Professional – Final (1)

04b – MITI – Pembuatan

05 – PERPADUAN -Final

06 – PETRONAS – Oil and Gas – Final

07 – MOHR – Perkhidmatan dan Pelbagai

08 – KPDNHEP – Peruncitan – Final

09 – MEDAC – Pajak Gadai dan Koperasi Kredit – Final

10 – KPPK MPIC Perladangan – Agrokomoditi – Final

11 – MOF – Financial – Final

12 – MINDEF – Pertahanan – Final

13 – KeTSA – Tenaga Mineral Perhutanan – Final

14 – KPWKM – Taska

15 – KPM – Pendidikan – Final

16 – MOA – Pertanian – Final

17 – KKMM – Communications and Creative Industry – Final

18 – MOTAC – Hotel dan Kebudayaan – Final

19 – MEWA – Alam Sekitar Air – Final

20 – KKR – Pembinaan (1)

21 – BHEUU – Guaman – Final

22 – KDN – Kawalan Keselamatan Swasta – Final

23_KPKT_Kebersihan_Keselamatan_Perumahan_Strata_Makanan_Kewangan

24 – KKM – Perubatan – Final

25 – MOSTI – R&D dan Makmal Ujian – Final

26 – Negative Listing – Final (rev3)

28 April 2020 – A Guide for Companies amidst the COVID-19 Pandemic

Sat, 25 Apr 2020 07:24:00 GMT

Economic Stimulus Packages, Contractual Obligations and Liabilities and Legal Implications in Malaysia

This update note is for your information only and does not constitute legal advice. The contents of this note should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer.

1. The impact of COVID-19 on the corporate industry in Malaysia Due to the recent outbreak of COVID-19, the Government of Malaysia has declared a Movement Control Order (“MCO”) for the period from 18 March 2020 to 31 March 2020, which has since been extended twice to 12 May 2020.

Pursuant to the MCO, save and except for “essential services”, all business premises in Malaysia must be closed from 18 March 2020 until 12 May 2020 – for practical purposes, this does not necessarily entail a shutdown or cessation of operations, merely that the premises must be closed. Most companies and businesses have opted to have a “work from home” policy, where possible. Such an approach allows them to continue providing their services, and in some cases, products too. Essential services are defined to include, amongst others, banking services, transportation (air/land/sea), telecommunication services, electricity and water services, food supply and preparation services, and e-commerce.

Companies that wished to continue their operations needed MITI’s approval to do so, and even then such approvals to operate were subject to additional conditions, such as reducing manpower to minimal levels, recording the results of daily temperature checks of each employee, ensuring the business premises are sanitised, and ensuring hand sanitiser and face masks are available for all workers – all of which are aimed at preventing a further spread of COVID-19.

Full Article : 200428-Abdullah Chan & Co Malaysian Updates Note re Covid-19 (1)

Article Written by :

DATIN SHELINA RAZALI WAHI

PARTNER

shelina@abdullahchan.my

1 April 2020 – People and companies in Malaysia teetering on the edge — Shelina Razaly Wahi

Sat, 25 Apr 2020 07:12:00 GMT

Full Article : https://www.malaymail.com/news/what-you-think/2020/04/01/people-and-companies-in-malaysia-teetering-on-the-edge-shelina-razaly-wahi/1852420

Article Written by :

DATIN SHELINA RAZALI WAHI

PARTNER

shelina@abdullahchan.my

Abdullah Chan strengthens its corporate practice with the appointment of Datin Shelina Razaly Wahi as a new partner

Thu, 13 Nov 2014 10:38:00 GMT

Abdullah Chan & Co is pleased to announce that Datin Shelina Razaly Wahi is joining its Kuala Lumpur office as a partner.

Datin Shelina Razaly Wahi began her legal career as a litigation lawyer for 3 years before moving in-house as corporate counsel with one of the largest downstream multinational petroleum companies in Malaysia.

Over the course of 6 years as in-house counsel for Shell Malaysia, Datin Shelina served various roles – including being the Company focal point for all HR-related legal matters; responsible for setting up the in-house Litigation Management Program; and had direct responsibility for managing all major litigation matters.

In 2007 Datin Shelina was a pioneer member of the senior management team at AirAsia X Berhad. Her first position was as the Legal and Human Resources Director for 3 years, moving into a Legal and Regulatory role at the end of 2010.

As Legal Director, Datin Shelina worked across all spheres of aviation, including HR matters, operations and engineering – with particular focus in Aircraft Leasing and Financing, Engines and Avionics as well as Aviation / Aerospace regulatory matters. While in AirAsia X, she saw through the successful AirAsia X Berhad Initial Public Offering (July 2013).

Datin Shelina is a graduate from the University of Bristol. She completed her Bar Vocational course in London in 1996 and was called to the Malaysian Bar in 1998.

Dato Muthanna Abdullah , partner, welcomes Datin Shelina’s arrival: “Shelina’s skills and experience in Aviation will contribute to extend the firm’s activities, strengthen our entrepreneurial spirit and contribute to our international development.”

Abdullah Chan & Co Welcomes New Partner, Yap Hui Lu

Tue, 01 Jul 2014 06:39:00 GMT

It is with great pleasure that we announce the new addition of Yap Hui Lu to Abdullah Chan & Co Advocates and Solicitors on 1 ^st July 2014.

Hui Lu has been in practice for 18 years and has extensive experience in corporate and financing transactions, from mergers and acquisitions, joint ventures, securities law and regulations, cross-border and project financing, banking and corporate finance and foreign investments, to real property and development projects.

“We are very pleased to have Hui Lu join us, as she is an experienced corporate lawyer specialising in M&A and corporate finance – strengthening our key areas of practice in line with the growing demand of our clients here and abroad” says Dato’ Muthanna Abdullah, partner in Abdullah Chan & Co.

Hui Lu is identified as a Recommended Lawyer in the fields of Corporate, Mergers & Acquisitions and Real Estate and Construction in the 2014 edition of The Asia Pacific Legal 500 – The Guide to Asia’s Law Firms. Additionally, she is named as a Recommended Individual in Asialaw Profiles 2014 edition and as a Leading Lawyer by Asialaw Leading Lawyers in its 2014 edition.

Hui Lu graduated from the University of Bristol, England in 1993, and holds an LLM in corporate and commercial law from King’s College London. After being called to the Bar of England & Wales, she returned to Malaysia and was admitted to the Malaysian Bar in 1997. She became a partner of a leading KL law firm in June 2008.

DROIT – Créer une entreprise en Malaisie!

Thu, 24 Apr 2014 06:02:00 GMT

https://lepetitjournal.com/kuala-lumpur/emploi/droit-creer-une-entreprise-en-malaisie-87296