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6 Reasons Why You Should Have A Shareholders’ Agreement.

A Shareholders’ Agreement is a legally binding contract entered between the shareholders of a company. Although, it is not a legal requirement, having a well-prepared agreement drafted by your lawyers can act as a safeguard. The main purpose of this important agreement is to protect the shareholders’ investment in the company and to regulate the…

Winding Up a Company in 2021

New Update: On March 2021, our Prime Minister has officially announced that the statutory demand threshold for winding-up petitions will be permanently kept at RM50,000! In this article, we will explain the basic legal concept of winding up, and the New Measures taken by our government to modify our existing winding-up laws, and what you…

How To Deal With Online Defamation? l Defamation On Social Media

In an age where Facebook & Google reviews are CENTRAL to a business’ reputation, it can be particularly stressful for business owners to receive FAKE, or DEFAMATORY ONLINE REVIEWS on social media. Research shows that 1 negative review drives away 22% of prospects, around 30 customers. The percentage of lost customers increases with an increase…

Workplace Sexual Harassment Malaysia: FAQs on Workplace Harassment

Based on a recent survey, over a third of Malaysian women experienced sexual harassment at workplaces. In most cases, the victims chose to remain silent because of embarrassment, fear of retribution, or thought that speaking out would make no difference.   In this article, we aim to raise awareness on workplace sexual harassment from the law…

CHERN & CO’S RESPONSE TO COVID-19.

A Message to Our Valued Clients & Visitors. Following the Government’s Movement Control Order (MCO) announced on 16.03.2020, we wanted to reach out with a brief update on how our team at C&C is working to ensure your service is 100% uninterrupted during this time. The law firm remains fully operational and accessible to existing…

COVID-19 Update: Unfair Dismissal in Malaysia.

The Malaysian Government has issued a Movement Control Order (“MCO”) to contain the spread of Coronavirus (Covid-19), taking effect from 18th March to 28th April. During this period, all government and private business premises are forced to shut down, save for essential services in areas such as utilities, telecommunications, transport, banking, health, and food supply.…

5 Common Questions on Debt Recovery

1. What are the steps to recover my debt? First, it is advisable that you send a Letter of Demand (“LOD”) to the debtor. It is a letter which formally demands the debtor to pay the amount of money which is owed, and also put the debtor on notice that legal action may be taken against them.…

Movement Control Order: FAQ On Contracts

The Movement Control Order (“MCO“) has forced many businesses to shut down temporarily, and many contracts could not be proceeded due to this movement restriction.   This has raised concerns to businesses, as there may be a disruption in the supply chain, closure of office premises, or an inability to make delivery of certain products.…

Exemption Clause: Can A Party Exclude His Liability In A Contract?

Exemption clauses, or often being called as “disclaimers”, are terms in a contract by which a party seeks to exclude, or limit liabilities for the breach of contract or for some torts. There are 2 types of exemption clause, (1) Exclusion Clause; and (2) Limitation Clause.   Here are some common examples:   Exclusion Clause:…

Legal Tips: Starting Your E-Commerce Business

1. Register your eCommerce Business First of all, before engaging in any business, you must determine what kind of business entity you want to form. Which type of entity is the most suitable will largely depend on the size, nature, and the needs of your business. In Malaysia, there are generally 4 different types of…

Movement Control Order (MCO): Common Employment Issues

To control the spread of the Coronavirus pandemic (Covid-19), the government announced the Movement Control Order (MCO) on 16.3.2020. Following this, many businesses are required to close their premises from 18th March to 14th April 2020.   This announcement has affected businesses and companies across the country, and has caused great concerns among both employers and…