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".
