Yesterday, I came across a post which talked about seller fatigue after prolonged due diligence and multiple rounds of amendments to the sale and purchase agreement.

I half-jokingly commented that buyer’s lawyers feel the same too.

The truth is, a lot of the delay could be avoided if complete and up-to-date documents requested for legal due diligence are provided on time.

Sellers could reduce the back-and-forth during the legal due diligence with a few simple steps:

– Provide the complete agreements, not copies missing annexures or schedules.

– Provide licences and permits with the conditions attached. It doesn’t help when the front page of a licence states it is subject to conditions on the next page, and the seller says there are none.

– Get the company secretary to provide the statutory records listed in the due diligence checklist. A company search from the Companies Commission of Malaysia is not a substitute. If registers of members and register of directors do not exist, the target company may already be in breach of several provisions of the Companies Act 2016.

The above may seem basic, but missing or outdated documents can cause a lot of frustration on both sides.

If you’re preparing for a sale, even if it’s early days, getting the basics right can make a big difference down the line.

#malaysiancorporatelawyer

This post was first posted on LinkedIn on 1 May 2025.