What, how & why

Lawyering

As a junior lawyer, you would be told 𝒘𝒉𝒂𝒕 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 𝒉𝒐𝒘 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 𝒘𝒉𝒚 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 (“CCM”) 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.

Lawyering
The Kindness That Stays, 20 Years On

I last saw them in 2007. They are two kind souls who made my years studying in the UK such a beautiful chapter in my life. I have been thinking about them lately and finally reached out after all these years. Whenever I look back on my time in the …

Linkedin Post
Why M&A Deals Fail

As an M&A lawyer, most of my time goes into the legal documents – drafting and negotiating agreements, representations, warranties, conditions precedent, etc. However, the deals I have seen delayed or aborted were not because of legal documents. A deal was aborted when geopolitical tension escalated while parties were going …

Linkedin Post
When a Seller is Paid in Shares, Instead of Cash

In an M&A transaction, a buyer which is also a company may offer to pay by issuing its own shares to the seller, instead of paying in cash. How is this different compared to a cash deal? The seller is not just selling. The seller is also “buying” into the …