Saturday, 31 January 2015

Malaysia-Our core belief as a firm

Each and every member of our firm must always put the well-being of their  respective family above all else. Only then will they realise the importance of giving their level best to each and every one of our clients.

Malaysia-Amendment to Ruling 7.03 of the Rules and Rulings of the Bar Council

Amendment to Ruling 7.03 of the Rules and Rulings of the Bar Council







​________________________________________________________________________________________________________________
Circular No 021/2015
Dated 27 Jan 2015
To Members of the Malaysian Bar
Amendment to Ruling 7.03 of the Rules and Rulings of the Bar Council
Pursuant to section 57(a) of the Legal Profession Act 1976, the Bar Council has amended Ruling 7.03, as proposed by the Bar Council Legal Profession Committee.

The amendments to Ruling 7.03 are as marked below:

Bar Council Ruling 7.03: Sharing Office or Premises

Where an Advocate and Solicitor shares an office or premises with another person ("Person"), (whether an Advocate and Solicitor or not), the office or premises must be partitioned off with separate and distinct entrances, with no connecting door between the 2 offices or premises. 

This Ruling shall not apply to:

(a)             Advocates and Solicitors who are partners of the same law firm; or

(b)             an Advocate and Solicitor, or a partner or partners of his/her firm who has/have an interest in the Person, and the Person carries on such business as is permitted under Ruling 5.13A; or

(c)             a law firm that is part of an international partnership that has been granted a licence under section 40F of the Legal Profession Act 1976

provided always that the law firm and the international partnership preserve and observe at all times the duty of confidentiality in respect of privileged information owed to their respective clients.
The amendments to the Ruling are to cater to the recent amendments, introduced by the Legal Profession (Amendment) Act 2012, on the liberalisation of legal services, particularly with respect to local law firms entering into international partnerships with foreign law firms.

The revised Ruling 7.03 therefore reads as follows:    

Bar Council Ruling 7.03: Sharing Office or Premises  

Where an Advocate and Solicitor shares an office or premises with another person ("Person"), whether an Advocate and Solicitor or not, the office or premises must be partitioned off with separate and distinct entrances, with no connecting door between the 2 offices or premises.

This Ruling shall not apply to:

(a)             Advocates and Solicitors of the same law firm; or

(b)             an Advocate and Solicitor, or a partner or partners of his/her firm who has/have an interest in the Person, and the Person carries on such business as is permitted under Ruling 5.13A; or

(c)             a law firm that is part of an international partnership that has been granted a licence under section 40F of the Legal Profession Act 1976;  

provided always that the law firm and the international partnership preserve and observe at all times the duty of confidentiality in respect of privileged information owed to their respective clients.
Please be informed that the amended Ruling takes effect immediately.

The updated Rules and Rulings of the Bar Council are accessible here on the Malaysian Bar's website.

Should you have any enquiries, please contact Marianna Laureen Tan, Executive Officer, by telephone at 03-2050 2086, or by email at ml.tan@malaysianbar.org.my.

Thank you.

Richard Wee Thiam Seng
Secretary
Malaysian Bar

This circular may also be accessed here.




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Malaysia-Workshop on Billing and Collections, Kedah (15 Feb 2015)

Workshop on Billing and Collections, Kedah (15 Feb 2015)






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This circular may also be accessed here.



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Malaysia-[Pahang Bar Committee] | POSTPONEMENT | Public Forum on Police Accountability in Malaysia, Pahang (30 Jan 2015)

[Pahang Bar Committee] | POSTPONEMENT | Public Forum on Police Accountability in Malaysia, Pahang (30 Jan 2015)




Please take note that this forum has been postponed until further notice.   





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Malaysia-Seminar on the Basics of Cross-Examination in Civil and Commercial Trials, Johore (9 Feb 2015)

Seminar on the Basics of Cross-Examination in Civil and Commercial Trials, Johore (9 Feb 2015)





If this email does not display correctly, please click here to view the content online.




This circular may also be accessed here.


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Malaysia-[ADV] Latest and Forthcoming UK Titles

[ADV] Latest and Forthcoming UK Titles




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Malaysia-Talk by Justice Antonio T Carpio on the "Rule of Law and the South China Sea Dispute" (13 Feb 2015)

Talk by Justice Antonio T Carpio on the "Rule of Law and the South China Sea Dispute" (13 Feb 2015)






​_______________________________________________________________________________________________________________

Circular No 023/2015
Dated 30 Jan 2015

To Members of the Malaysian Bar and pupils in chambers
Talk by Justice Antonio T Carpio on the "Rule of Law and the South China Sea Dispute" (13 Feb 2015)
The Bar Council Shipping and Admiralty Law Committee, the Embassy of the Philippines, and the University of Malaya are co-organising a talk by Justice Antonio T Carpio, Senior Associate Justice of the Supreme Court of the Philippines, entitled "Rule of Law and the South China Sea Dispute".
The details of the talk are as follows:
Date:                       13 Feb 2015 (Friday)
Time:                      6:30 pm to 8:30 pm
(Registration begins at 5:30 pm)
Venue:                    Raja Aziz Addruse Auditorium, Straits Trading Building, Unit 2-02A, 2nd Floor, 2 Leboh Pasar Besar, 50050 Kuala Lumpur
Registration Fee:    Admission is free but advance registration is required
CPD Code / Points: T3/13022015/BC/BC152088/2 (Two points)

The programme is as follows:
5:30 pm    Registration
6:30 pm    Welcoming Address by Christopher Leong, President, Malaysian Bar / Steven Thiru, Vice-President, Malaysian Bar (tbc)
6:40 pm    Presentation by Justice Antonio T Carpio, Senior Associate Justice, Supreme Court of the Philippines
7:25 pm    Presentation by a representative, University of Malaya (tbc)
8:00 pm    Question-and-Answer Session
8:30 pm    End
Please note that places are limited and registration is on a first-come, first-served basis. Points for the Continuing Professional Development ("CPD") Scheme will not be awarded to Members of the Bar and pupils in chambers who arrive more than 15 minutes late, are not present throughout the event, or leave before its scheduled end.
To attend the talk, kindly complete the online registration form here; or complete and submit the attached registration form by email to:
(1) Florence Laway (florence@malaysianbar.org.my); or
(2) Rajeswari Gunarasa (rajeswari@malaysianbar.org.my); or
(3) Alvin C Malasig (klpe_reply@yahoo.com).
You may also submit the completed registration form by fax to 03-2032 2043 (Attn: Rajeswari Gunarasa).
Should you have any enquiries, please contact Florence Laway, Administrative Assistant (03-2050 2104; florence@malaysianbar.org.my) or Rajeswari Gunarasa, Officer (03-2050 2089; rajeswari@malaysianbar.org.my) from the Bar Council Secretariat; or Alvin C Malasig, Third Secretary and Vice-Consul of the Embassy of the Philippines (03-2148 4233 / 2148 4654 ext 106 / 206; klpe_reply@yahoo.com).
Thank you.


Mureli Navaratnam
Chairperson
Shipping and Admiralty Law Committee


This circular and the attachment may also be accessed here.





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Malaysia-NEW MALAYSIA/ SINGAPORE LAW TITLES

NEW MALAYSIA/ SINGAPORE LAW TITLES
To:



Law and Practice of Corporate Insolvency


Author(s): Andrew Chan Chee Yin, Soo Seong Theng
Publisher: LexisNexis
Format: Softcover
ISBN: 9789814608282
2015

​Price: RM909.50 (est.)

Companies Act (Compendium of Changes 2014)


Authors(s): LexisNexis
Publisher: LexisNexis
Format: Softcover
ISBN: 9789814608206
Nov 2014
Price: RM360.00 (est.)

Alternative Dispute Resolution


Author(s): Rashda Rana SC
Publisher: LexisNexis
Format: Soft Cover
ISBN: 9789814608169
2014
Price: RM412.90

Human Resource Practitioners' Guide to Employment Laws, 3rd Edition



Authors(s): Arthur Khong
Publisher: LexisNexis
Format: Softcover
ISBN: 9789814608176
Nov 2014
Price: RM327.40 (est.)

SINGAPORE CIVIL PROCEDURE 2015 (2 VOLUMES)

Singapore Civil Procedure 2015 (2 Volumes)


​Authors(s): G.P. Selvam

Publisher: Sweet & Maxwell

Format: Hardcover (2 Volumes Set)

ISBN: 9789810786519

Nov 2014

Price: RM3,240.00​

MEDIATION IN SINGAPORE: A PRACTICAL GUIDE

Mediation In Singapore: A Practical Guide


Authors(s): 
Danny McFadden

Publisher: Sweet & Maxwell

Format: Hardcover

ISBN: 9789810786571

Jan 2015

Price: RM840.00 (est.)

ELEMENTS OF CONSTRUCTION LAW IN SINGAPORE

Elements of Construction Law in Singapore


Authors(s): 
​Lim Pin

Publisher: Sweet & Maxwell

Format: Paperback

ISBN: 9789810927141

Jan 2015

Price: RM225.00 (est.)

LAW OF TRADE MARKS AND PASSING OFF IN SINGAPORE (3RD EDITION)

Law of Trade Marks and Passing Off in Singapore (3rd Edition)


Authors(s): 
​Tan Tee Jim, S.C

Publisher: Sweet & Maxwell

Format: Hardback

ISBN: 9789810786489
N
​ov 2014

Price: RM1,350.00


CONSTRUCTION CONTRACTS DICTIONARY (2ND EDITION)

Construction Contracts Dictionary (2nd Edition)


Authors(s): 
​Chow Kok Fong

Publisher: Sweet & Maxwell

Format: Hardback

ISBN: 9789810786526

​Aug 
2014

Price: RM
​540.00​


ARBITRATION IN SINGAPORE: A PRACTICAL GUIDE
Arbitration in Singapore: A Practical Guide


Authors(s): 
​Sundaresh Menon

Publisher: Sweet & Maxwell

Format: Hardback

ISBN: 9789810778927

​Aug 
2014

Price: RM
​1,350.00

International Issues in Family Law in Singapore

Book cover


Authors(s): 
​Debbie Ong Siew Ling

Publisher: Academy Publishing

Format: Paperback

ISBN: 9789810926908
J
​an 2015​

Price: RM
​204.00








​Best Regards,
--
GULF MEDIA SDN BHD
(Law and Professional Books)
H-1-03, Jalan SS6/16A,
Dataran Glomac, Kelana Jaya,
47301 Petaling Jaya
Selangor Darul Ehsan
Malaysia
Tel: 603-7880 7468/ 7886 7174
Fax: 603- 7803 5811




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Wednesday, 28 January 2015

Malaysia-Invitation to Contribute to the Bar Council Orang Asli Defence Fund

Invitation to Contribute to the Bar Council Orang Asli Defence Fund






​________________________________________________________________________________________________________________

Circular No 018/2015
Dated 26 Jan 2015
To Members of the Malaysian Bar
Invitation to Contribute to the Bar Council Orang Asli Defence Fund
The Bar Council Committee on Orang Asli Rights ("COAR") was established in 2010 to advocate the rights of the Peninsular Malaysia Orang Asli, particularly with respect to their customary lands, territories and resources.  Presently, there are 24 COAR members comprising Members of the Bar and observers, including experts on Orang Asli rights as well as members of the Orang Asli community.
In 2011, COAR set up the Bar Council Orang Asli Defence Fund to fund disbursements incurred by lawyers who contribute pro bono to COAR's activities including, among others, field trips to Orang Asli settlements to conduct awareness-raising sessions about their rights and organising seminars for the Orang Asli and their lawyers on Orang Asli rights.  The defence fund also helps defray the costs incurred by lawyers handling pro bono cases involving the Orang Asli. 
COAR believes that the Orang Asli deserve, and should be afforded, legal recognition of their lands, territories and resources, consistent with the 2007 United Nations Declaration on the Rights of Indigenous Peoples, a document fully supported by the Malaysian Government.
Unfortunately, and unbeknownst to many, the Orang Asli continue to be deprived of their rights to their customary lands, territories and resources, resulting in severe threats to their livelihood, culture, security and identity.  This unfortunate state of affairs persists despite the guarantee of protection of their fundamental liberties that is enshrined in the Federal Constitution and the preamble of the Aboriginal Peoples Act 1954.
COAR members are currently involved in eight court matters involving Orang Asli, six of which concern customary land rights claims in Johore (three cases), Pahang (two cases), and Perak (one case), and the remaining two consisting of a breach of trust claim and a criminal prosecution. 
COAR managed to settle two cases involving a demolition notice issued to a chapel for the Orang Asli in Malacca, and a criminal trespass prosecution.  A notable recent decision where COAR members acted as co-legal counsel was in the case of Yebet binti Saman & Ors vs Foong Kwai Loong & Ors where, for the first time in nine years, the Court of Appeal expressly reaffirmed the existence of Orang Asli customary rights at common law.  However, COAR continues to receive an increasing number of complaints from the Orang Asli, particularly in respect of land encroachment.
Due to the high cost involved in sustaining pro bono litigation relating to customary land rights and the lack of financial assistance from the Government, particularly in respect of court matters, COAR faces serious financial challenges in carrying out its work.  More often than not, lawyers who assist COAR have carried out work and travelled at their own expense.
It is with these issues in mind that COAR humbly appeals to your good conscience in aiding its effort to seek justice for the Orang Asli.
We respectfully invite Members of the Bar to contribute to the Orang Asli Defence Fund.  We welcome all contributions and thank you in advance for your kindness and generosity.  We trust this cause is timely and would help COAR in continuously protecting the Orang Asli and their rights particularly where the Government entrusted with their welfare has failed them.
Donations can be made by:
(1) direct deposit to HSBC Bank Malaysia Berhad, No 2 Leboh Ampang, 50100 Kuala Lumpur (Account: 301-022166-001; SWIFT code: HBMBMYKL); or
(2) cheque, payable to "Bar Council"; or
(3) cash, at the Ground Floor of the Bar Council Secretariat.
To contribute, please complete and submit the attached contribution form, together with proof of payment, to Parvinder Kaur Harbindar Singh by fax at 03-2031 6640, or by email at parvinder@malaysianbar.org.my.  Please indicate "Bar Council Orang Asli Defence Fund" on the back of the cheque or on the bank-in slip. 
Should you have any enquiries, please do not hesitate to contact Parvinder Kaur Harbindar Singh (03-2050 2091; parvinder@malaysianbar.org.my) or Glen Kenny (03-2050 2102; glen@malaysianbar.org.my), Officers, Bar Council Secretariat.
Thank you.
Yogeswaran Subramaniam
Chairperson
Committee on Orang Asli Rights
This circular and the attachment may also be accessed here.



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Malaysia-CCH Workshop - Managing Transfer Pricing Risks in Malaysia ( 17 March 2015 )

CCH Workshop - Managing Transfer Pricing Risks in Malaysia ( 17 March 2015 )
To:



                                                                   If this workshop does not relate to you, kindly assist to forward to the relevant people.
                                         
                             Managing Transfer Pricing Risk in Malaysia

                           Date    :    17 March 2015 ( Tuesday)
                 Time    :    9.00 am - 5.00 pm
                 Venue  :    Concorde Hotel, Kuala Lumpur
            
      
            WHO SHOULD ATTEND

Ø  Tax Managers/Professionals
Ø  Financial Controllers/Finance Directors/Managers
Ø  Tax Managers/Professionals
Ø  Accountants


The Income Tax (Transfer Pricing) Rules 2012 and the Income Tax (Advance Pricing Arrangement) Rules 2012 both dated 7 May 2012 were issued on 11 May 2012 and are effective retrospectively from 1 January 2009. This is an indication of the Government's growing focus on enforcing transfer pricing compliance. As part of this growing compliance, IRB would require transfer pricing documentation in order to verify that the taxpayer has complied with arm's length standard and discharged the burden of proof. In addition, the Year of Assessment (YA) 2014 tax return includes a declaration by Malaysian taxpayers as to whether they have transfer pricing documentation.

Furthermore, with the development of the Base Erosion and Profit Shift ("BEPS") initiative at the Organisation of Economic Cooperation and Development ("OECD"), it is expected that revenue authorities in different countries will increasingly strengthen their transfer pricing requirements, and it would become necessary for companies that are entering into cross-border transactions to evaluate and support their related party pricing strategies. Thus, in addition to transfer pricing documentation, companies also need to have well-thought out transfer pricing policies.

CCH Executive Events presents a workshop that gives you a practical understanding of how the new Income Tax Transfer Pricing Rules 2012 and Advanced Pricing Arrangement Rules impact your business and transfer pricing documentation.

In this workshop, we will discuss:
a. The range of related party transactions entered into by a typical MNC and how to support these transactions from a Malaysian transfer pricing perspective.
b. Learn how to prepare basic transfer pricing documentation from a Malaysian perspective.
c. Discover how to identify key technical and factual issues and highlight, if appropriate, the special factors supporting its arm's length nature in your documentation.


BENEFITS OF ATTENDING

ü  Understand the risk and compliance issues arising from recent transfer pricing developments
ü  Practical Pointers to evaluate your transfer pricing position and prepare transfer pricing documentation
ü  Insights on how to defend your transfer pricing policies during an IRB transfer pricing audit


PROGRAMME OUTLINE

8.30am                 Registration
9.00am                 Welcome
9.05am                 Overview of transfer pricing and the IRB transfer pricing regulations
• Introduction to transfer pricing
• Recent transfer pricing trends
• Global transfer pricing developments
• Overview of Malaysia's transfer pricing regulations

10.30am               Coffee /Tea Break
11.00am               Pricing of related party transactions
• Review of various inter-company transactions:
§  Tangible goods
§  Services
§  Inter-company financing
§  Intangible Property
§  Suggested transfer pricing approaches / methods for each inter-company transaction, in line with IRB requirements
§  Key issues for each inter-company transaction

12.00pm               Networking Lunch
1.30pm                 Transfer pricing documentation
• How should transfer pricing documentation be prepared?
• IRB's requirements for transfer pricing documentation
• Cost effective documentation strategies for compliance purposes
• Managing transfer pricing audits effectively

3.00pm                 Coffee/Tea Break
3.30pm                 Transfer pricing audits in Malaysia
• Discussion on 2013 transfer pricing audit guidelines
• Practical discussion on preparation for transfer pricing audit
• Managing transfer pricing audits effectively
• Malaysia's Advance Pricing Arrangement ("APA") regime

4.45pm Questions & Answers


SPEAKER

Dr Sowmya Varadharajan
Sowmya is considered a global and regional expert on transfer pricing planning, compliance and defense. Having been trained in the United States with PricewaterhouseCoopers, Sowmya now applies her transfer pricing training to transfer pricing issues in the Asia Pacific region. Sowmya is a founding partner of IC Advisors, a transfer pricing consulting firm that focuses on design, documentation and defense of multinational corporations' related party transactions. Sowmya has extensive experience in the high technology/semiconductor as well as pharmaceutical/biomedical industries, and also has significant IP valuation skills in addition to transfer pricing. Sowmya has also represented her clients in transfer pricing audits and thus has had several interactions with tax authorities in the region. Specifically, Sowmya has been involved in supporting her clients through transfer pricing audits and discussions with the IRB in Malaysia. Sowmya is an economist with Ph.d in Economics from Cornell University and has more than 12 years of transfer pricing consulting experience.


WORKSHOP FEE 

Early Bird ( By 17 February 2015 )
CCH Executive Events Corporate Member/
CCH Subscriber                                     :        RM    960.00
Non-Subscriber                                     :        RM 1,080.00

Regular Fee
CCH Executive Events Corporate Member/
CCH Subscriber                                     :        RM 1,080.00
Non-Subscriber                                     :        RM 1,200.00

** Fee includes workshop materials, certificate of attendance, lunch and refreshments.


This workshop is HRDF claimable under the Skim Bantuan Latihan and to sign up, please complete the registration form attached, scan and e-mail back to me
or fax to 03-2026 2093.

Do contact me anytime for further clarification and assistance. 


Thank you and regards,

Sarah Abdullah
Senior Events Consultant 

Commerce Clearing House (M) Sdn Bhd
Level 26, Menara Weld
No. 76, Jalan Raja Chulan, 50200 Kuala Lumpur
D   :  +603 2024 8608
F    :  +603 2026 2093
E    :  sarah@cch.com.my







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