What, how & why

Lawyering

As a junior lawyer, you would be told π’˜π’‰π’‚π’• to do. Carrying out tasks requested by your employer/clients/ colleagues is part of the job.

If you have good colleagues, you would be guided on π’‰π’π’˜ to do the work. You may get helpful information on what issues to look out for, where to find precedents, etc.

You know you have really good colleagues when you are told π’˜π’‰π’š you are asked to do something i.e. the rationale behind the tasks.

For example, the reason why you need to check register of members to verify shareholding in a company instead of relying on a company search from the Companies Commission of Malaysia (β€œCCM”) is because the Companies Act 2016 provides that the register of members is prima facie evidence that legal title to the share is vested in the person named in the register. CCM search may not reflect the latest shareholding if the relevant statutory forms have not been lodged with the CCM.

Sometimes the person who asks you to do something may have forgotten what it was like to be a novice in drafting an agreement, doing due diligence, etc.

Asking relevant questions after reading the documents for the file would be helpful in such instance.

#malaysiancorporatelawyer
#lawyers
#lawyerslife

This post was originally posted on Linkedin on 4 March 2022.

Due Diligence
Legal Due Diligence on Public Listed Companies in Malaysia

When conducting legal due diligence on public listed companies (PLCs) in Malaysia, the scope of due diligence is limited by the laws of insider trading. Insider trading occurs when someone uses confidential, non-public information about a company to make a profit or avoid a loss in the stock market. Therefore, …

Linkedin Post
Don’t Rush the Disclosure Letter in M&A Transactions

In M&A transactions, a disclosure letter sets out the exceptions to seller’s representations and warranties in a sale and purchase agreement for an M&A transaction (β€œSPA”). Instead of negotiating heavily on sellers’ representations and warranties in SPAs, it is common to provide in SPAs that sellers’ representations and warranties are …

Lawyering
Is Corporate Practice Less Stressful Than Litigation?

I was asked whether being in corporate practice is less stressful and less hectic than being in litigation practice. I think this kind of generalisation is not particularly helpful. Different law firms have different cultures and expectations of their lawyers. Clients’ demand would also determine whether a particular project or …