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.

Linkedin Post
Getting into the details to make a deal work

A big part of my role as a corporate lawyer has been listening to clients explain the commercial terms they want in their deals. The next step is asking the right questions that make those terms work in the real world. Sometimes the parties have a general idea of the …

Linkedin Post
Founder Exit: Legal Checklist to Avoid Delays

Before buyers commit, their lawyers will conduct legal due diligence that may uncover gaps or non-compliance which delay the founder’s exit or reduce the price. This list helps founders/ sellers resolve common legal issues before they’re flagged in legal due diligence. Share Capital & ShareholdersΒ  Have all past share allotments …

Linkedin Post
Founders selling for the first time need more than high-level legal advice

Some founders selling their businesses for the first time are not sure where legal advice is needed or how deep that advice should go. In past deals where I acted for buyers, I have seen: – A founder who asked their lawyer for a β€œhigh-level review” of sale and purchase …