What is the most freuquently asked question in cross-border M&A transactions?
- By : Wong Mei Ying
- Category : Linkedin Post, Mergers and Acquisitions
As Malaysian counsel, the question I get asked most often is about the transfer of shares.
Some real-life examples I encountered recently:
- Are there registration requirements that must be fulfilled before the transfer is effective?
- What documents are required to register the change of shareholder in Malaysia?
It comes in many forms, but the core issue is always the same: how does a share transfer become effective under Malaysian law?
The answer is simple if you know where to look: it lies in the Companies Act 2016, the company constitution (if any) and the company secretarial filing process.
Why does getting a share transfer right matter?
A share transfer is not just a procedural step. Ownership of shares goes to the heart of every acquisition of shares in M&A transaction. Non-compliance or gaps in share transfer would be identified as a red flag in legal due diligence or may even become a deal breaker in the next exit.
Having seen this play out in several transactions, I’ve realised these issues can easily be avoided with clear understanding on share transfer process.
This post was first posted on LinkedIn on 4 October 2025.
