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Monday, 23 May 2016

KLBC Activities Report for April 2016

1 April 2016
PDC Seminar on Bankruptcy: Law and Practice
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Lua Ai Siew on 1 April 2016 at the KL Bar Auditorium from 2:30 pm to 5:30 pm. The seminar was attended by 64 participants. The scope of the seminar was as follows: "Commencing Bankruptcy Proceedings - S 6(3) Of Limitation Act 1953 Vs. ROC 46 Rule 2(1)(A). Dr Shamsul Bahar Bin Abdul Kadir Vs RHB Bank Berhad [2015]4 MLJ 1 (FC)"; "Bankruptcy Notice (BN), Setting Aside BN – BR Rules 95, 18"; "Presenting A Creditor's Petition (CP) - Position Of Secured Creditor; Presenting A Petition On Behalf Of A Corporation; Show Cause By The Debtor Under Rule 117.  Power Of The Court To Enter Receiving Order (RO) And Adjudication Order (AO), Stay Or Dismiss CP.  Test Applicable In An Application To Stay Bankruptcy Proceedings"; "Effect Of RO - S 8 BA And Section 349 NLC. Rights Of A Secured Creditor After RO.   Second Bankruptcy – S 49"; "Effect Of AO - Ss 24(4) And 48 Of BA And Its Effect On Antecedent Transactions – Ss 50 – 54 BA"; "Payments – Effect Of Payments After (I) Filing Of BN; (Ii) Filing Of CP And (Iii) ROAO"; "Disabilities Of A Bankrupt - Ss. 36, 37 And 38 Of BA"; "Proof Of Debts - S 42 And Schedule C.  MBB V Boau Yoon Fut [2015] 2 MLJ 353(CA); HLBB V Sheikh Ahmad Marzuki Bin Sheikh Yusof [2015] 2 MLJ 12 (CA)"; "First Creditors Meeting And Public Examination"; "Annulment Of AO And Rescission Of RO – Ss 14 And 105 BA & Rule155"; "Discharge Of Bankrupt - By The Court (S 33) And By The DGI (S 33A).  Factors To Be Considered And Challenging The Decisions"; and "Miscellaneous - Application Of Rules Of Courts 2012 And Effect Of Adjudication By The Court In The Republic Of Singapore."


5 and 6 April 2016
CCPC 2-Day Practical Workshop on the Conveyancing Practice
Organised by the KLBC Corporate and Conveyancing Practice Committee (CCPC), this workshop was presented by Lee Peck Ha (Team Leader), R Yogeswari, Dennis Teoh, Susan Joseph, Nahzatul Ain binti Mohd Khalid, Chong Wai Kuan, Sarah binti Kambali, Daphne Lew Chah Yee and Ow Hui Ching on 5 and 6 April 2016 at the KL Bar Auditorium from 9:00 am to 5:00 pm. The workshop was attended by 24 participants. The scope of the workshop was as follows: "Are Options Really Crucial And Necessary? Why?"; "Why Do Some Transactions End Up In The Trash?"; "What Should You Look Out For When Transacting For Your Clients?"; "How Is It That Despite The 'Standard' Terms And Conditions In SPAs, Conveyancers Can Still Disagree On Certain Issues?"; "When Does A Conflict Of Interest Arise For You To Worry About?"; and "How Do You Safeguard Yourself Against A Complaint Being Lodged Against You In A Conveyance?".



7 April 2016
Pupils Introduction Session
As a monthly tradition organised by the KLBC Pupils Committee, the Pupils Introduction Session for April was held on 7 April 2016. The session, attended by 84 pupils, was led by Shashi Devan. The purpose of the session is to introduce pupils to the structure of the Malaysian Bar and the Kuala Lumpur Bar, the election to both the Bar Council and the Kuala Lumpur Bar Committee (KLBC) and the highlights of the Malaysian Bar. It included a session for pupils to raise issues and problems faced by them during their pupillage period and other members of the KLBC were also present to provide input and possible solutions. Like previous sessions, the pupils were also shown a video montage of the History of the Malaysian Bar.


8 April 2016
PDC Seminar on Real Property Gains Tax
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by N. Rajagopal and K.Kanthaiah on 8 April 2016 at the KL Bar Auditorium from 3:00 pm to 6:00 pm. The seminar was attended by 33 participants. The scope of the seminar was as follows: "Background Of RPGT"; "Land Speculation Act 1974"; "Tax On Capital Gains"; "Scope Of Charge"; "Chargeable Person"; "Corporate Bodies, Partnerships, Individuals, Rulers, Executors, Trustees Hindu Joint Families And Incapacitated Persons"; "Meaning Of “Real Property”"; "Basis Of “Year Of Assessment”"; "Examples Of Disposals"; "Rates Of Tax Applicable"; "Recent Developments"; "Meaning Of The Terms “Disposal” And “Acquisition”"; "Date Of A Disposal And Date Of An Acquisition"; "Date Of Completion Of The Disposal"; "Computation Of RPGT"; "Computation Of Disposal Price"; "Computation Of Acquisition Price"; "Exemption For Residential Home - Section 8"; "Election To Be Done. Properties Which Qualify For The Exemption?"; "Duties Of An Acquirer / Duties Of A Disposer"; "Treatment Of Losses"; "When Can Losses Be Carried Forward"; "Situations Of No Gain No Loss / Situations Where The Disposal Price Is Equal To The Acquisition Price"; "Real Property Company (RPC)"; "Disposal Of RPC Shares"; and "Guidance On Filing Up Of RPGT Forms".



12 April 2016
PDC Seminar on Joint Ventures and Strategic Alliances
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Jeremiah R. Gurusamy on 12 April 2016 at the KL Bar Auditorium from 2:00 pm to 4:00 pm. The seminar was attended by 34 participants. The scope of the seminar was as follows: "What Are The Essential Considerations When Entering Into A Joint Venture"; "Key Pointers For Handling Negotiations And Dealing With Compliance And Regulatory Issues"; "Critical Clauses To Be Incorporated In A JV And Shareholders Agreement"; and "Exits And Termination – What To Do If Things Go Wrong".


15 April 2016
PDC Seminar on An Overview of the Appointment and Powers of a Receiver and Manager
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by V. Vijakumar (“Vijay”) on 15 April 2016 at the KL Bar Auditorium from 3:00 pm to 5:00 pm. The seminar was attended by 31 participants.


19 April 2016
PDC Seminar for Lawyers on Mergers and Acquisitions – Commonly Encountered Issues
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Lim Kien Chai on 19 April 2016 at the KL Bar Auditorium from 9:30 am to 4:30 pm. The seminar was attended by 56 participants. The scope of the seminar was as follows: "The Type And Nature Of M & A, Being A Form Of Business Combination Or Pursuant To Section 176 Of The Companies Act 1965 Under The Big Umbrella Of Corporate Restructuring Strategies"; "The Type And Nature Of Companies Ripe For M & A"; "The Preliminary Matters And Issues Prior To The Formal Contract And How To Address It"; "Evaluation Of The Strategies"; "Due Diligence"; "The Commonly Encountered Issues In M & A And How To Address It"; "The Legal Issues In M & A And How To Address It"; "The Methods Employed To Effect The M & A"; "The Determination Of The Purchase Price"; "The Valuation Of The Target"; "The Variants In Funding The M & A"; and "Relevant Accounting And Tax Issues".


26 April 2016
PDC Seminar on an Introduction to the Law of Reinsurance
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Michael Anthony on 26 April 2016 at the KL Bar Auditorium from 2:30 pm to 5:30 pm. The seminar was attended by 19 participants.


27 April 2016
PDC Seminar on the Impact of Competition Law on Malaysian Enterprises
Organised by the KLBC Professional Development Committee (PDC), this seminar was presented by Anand Raj, Cynthia Lian and Wen-Ly Chin on 27 April 2016 at the KL Bar Auditorium from 2:30 pm to 5:30 pm. The seminar was attended by 43 participants. The scope of the seminar was as follows: "Competition Act 2010 (“CA”) – Key Provisions"; "The Objectives Of The CA"; "Recognised Pillars Of Competition Law"; "Prohibitions And Restrictions – What Are The Salient Considerations For Malaysian Enterprises"; "Mycc’s Broad Powers Of Investigation And Roadmap To Compliance"; "Offences And Penalties"; "Leniency, Undertaking And Settlements – What Are The Implications?"; "The Importance Of A Compliance Programme"; and "Key Competition And Antitrust Developments".



27 April 2016
KL Bar v EY DTC Darts
Hosted by the KL Bar, this friendly darts game was played on 27 April 2016 at Home & Away SS2, Petaling Jaya. The KL Bar emerged as overall winners.



28 April 2016
YLC Seminar on Firm Startups in Malaysia – Possible Pitfalls and Expectations
Organised by the KLBC Young Lawyers Committee (YLC), this seminar was presented by Lai Chee Hoe on 28 April 2016 at the KL Bar Auditorium from 2:30 pm to 5:00 pm. The seminar was attended by 21 participants. The scope of the seminar was as follows: "List Down The Essential Metrics A Start Up Should Measure Against"; "Tell You Whether You Require A VC"; "Share With You The Different Stages Of A Start Up"; and "Reveal Some Useful Tools To Manage Your Start Ups".


29 April 2016
PC Corporate Workshop
The KLBC Pupils Committee organised a Corporate Workshop specifically for pupils on 29 April 2016 at the KL Bar Auditorium from 3:00 pm to 5:30 pm. Conducted by Sheba Gumis and attended by 42 pupils, the Workshop focused primarily on the practical aspects of handling a brief covering the following areas, "Overview: Negotiation, Due Diligence And Drafting Process"; "Commercial Considerations"; "Practical Pointers Including Common Mistakes When Drafting"; "Salient Clauses Including Consideration, Conditions Precedent, Completion, Etc"; "Covenants And Warranties By Both Vendors And Purchasers"; "Boiler Plate Clauses"; and "Remedies For Breach Of Contract".

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