Many buyers think of skipping due diligence as they believe they already have a clear understanding of the target company. But it is vital for buyers always to remember that there may still be aspects of the company which they don’t know about, or intentionally hidden from them. Hence, due diligence is a crucial stage …

Making Sure A Business Is Worth Buying: Always Conduct A Robust Due Diligence Read More »

A due diligence process seeks to reveal the potential risks hidden within a company. For this reason, it is widely and commonly used in company/business acquisition. While due diligence is recognized as a process of investigating, analyzing and assessing the relevant documents about the target company, for the purposes of the article, we will focus …

A Guide to Acquiring a Malaysian Company or Business: The Due Diligence Process Read More »

As a general rule, employees who are unfairly dismissed can only sue their direct employers, and not the parent company. This is because each Company is a separate legal identity, and a subsidiary is separated from its holding Company. In the recent case of Ahmad Zahri bin Mirza Abdul Hamid v Aims Cyberjaya Sdn. Bhd. …

LIFTING THE CORPORATE VEIL IN INDUSTRIAL DISPUTES (NEW!14/8) Read More »

Under our Employment Law, it is a settled rule that a probationer enjoys similar rights as a full-time employee. As such, you are not allowed to dismiss your probationer without “just cause and excuse”. Having said that, “poor performance” during the probation period can be accepted as just cause and excuse for dismissal. “Poor performance” …

Are Employers Required to Warn Their Probationers In Senior Roles about Their Poor Performance Before Dismissing Them? Read More »

The realisation that you may have had a bad hire is worrisome. During this probation period, you as the Employer can assess their abilities and suitability in the Company. Likewise, the probationer can determine if he or she wants to stay with the organisation after the period ends.   Notably, there is no legal requirement …

Everything You Need To Know About The Rights of A Probationer Read More »

In this article, we aim to provide some guidance about the Wage Subsidy Programme for all business owners, and SMEs in Malaysia. It should be pointed out that the financial incentives under the Wage Subsidy Programme is to encourage Employers to continue hiring eligible employees in ongoing jobs without resorting to retrenchment. In other words, …

FAQs on the ‘Wage Subsidy Programme’ Read More »

“Corporate Liability Provision” Under Section 17A The new Section 17A MACC Act [1], which will come into effect 1st June 2020, (hereinafter referred to as “the new provision”) is of great significance for all companies incorporated in or carrying on business in Malaysia. The new provision will impact businesses of all shapes and sizes regardless …

What Is The New Section 17A MACC Act, and How Are Your Businesses Affected? Read More »

Based on a survey done in the year 2019, over a third of Malaysian women experienced sexual harassment at workplaces. In most cases, the victims chose to remain silent because of embarrassment, fear of retribution, or thought that speaking out would make no difference.     In this article, we aim to raise awareness on workplace …

I’m Being Sexually Harassed At Work: FAQs on Workplace Harassment Read More »

The Malaysian Government has issued a Movement Control Order (“MCO”) to contain the spread of Coronavirus (Covid-19), taking effect from 18th March to 28th April. During this period, all government and private business premises are forced to shut down, save for essential services in areas such as utilities, telecommunications, transport, banking, health, and food supply. …

COVID-19 Update: Unfair Dismissal in Malaysia. Read More »

CHERN & CO. increases social media with Facebook page We are excited to expand our social media activities with our very own Facebook page. We are looking forward to welcoming visitors to our new page over the coming weeks. On the page there will be useful information and resources, signposting, news, and events.   Be …

WE ARE NOW ON FACEBOOK! Read More »

A Message to Our Valued Clients & Visitors. Following the Government’s Movement Control Order (MCO) announced on 16.03.2020, we wanted to reach out with a brief update on how our team at C&C is working to ensure your service is 100% uninterrupted during this time. The law firm remains fully operational and accessible to existing …

CHERN & CO’S RESPONSE TO COVID-19. Read More »

In an age where Facebook & Google reviews are CENTRAL to a business’ reputation, it can be particularly stressful for business owners to receive FAKE, or DEFAMATORY ONLINE REVIEWS on social media. Research shows that 1 negative review drives away 22% of prospects, around 30 customers. The percentage of lost customers increases with an increase …

How To Deal With Online Defamation? l Defamation On Social Media Read More »

To control the spread of the Coronavirus pandemic (Covid-19), the government announced the Movement Control Order (MCO) on 16.3.2020. Following this, many businesses are required to close their premises from 18th March to 14th April 2020.   This announcement has affected businesses and companies across the country, and has caused great concerns among both employers and …

Movement Control Order (MCO): Common Employment Issues Read More »

1. Register your eCommerce Business First of all, before engaging in any business, you must determine what kind of business entity you want to form. Which type of entity is the most suitable will largely depend on the size, nature, and the needs of your business. In Malaysia, there are generally 4 different types of …

Legal Tips: Starting Your E-Commerce Business Read More »

We understand that the most important aspect of your business is its identity- its trademark. We also understand that you have invested a lot of time, money and effort into building a strong and recognizable brand as it is today. Trademark theft occurs when another company or your competitors attempt to use your registered name, …

Do you have a good case for trademark theft? Things to consider before you sue. Read More »

You may have seen this type of clause in your employment contract: “After the termination of employment for any reason whatsoever, the employee shall not for a period of 12 months from the date of termination carry out any business of any nature that is similar in nature to or is in competition with the …

Can Employers Prevent An Employee From Joining A Competitor After The Employment Ends? Read More »