Azmi & Associates

Due diligence is a critical process in assessing risks and liabilities during acquisitions, whether for listed or non-listed companies. For non-listed companies, it is particularly vital and should be mandatory due to minimal regulatory oversight. Listed companies, however, are governed by strict regulations that limit due diligence to publicly available information to avoid insider trading. While these rules are designed to provide sufficient information for evaluating transactions, non-compliance can signal governance concerns and raise red flags that may influence an acquirer’s decision.   In this article, our Partners, M Inamul Hassan Shah and Ashraf Sopiee, explore the legal aspects of due diligence, its specific requirements for listed companies, and key considerations for acquirers regarding governance issues that could potentially deter transactions. #azmilaw #legalupdates #duediligence #listedcompany #acquisition #takeover

Transferring a vessel's domicile involves strategic decisions, particularly in selecting the right flag state. Malaysia, with its Merchant Shipping Ordinance 1952, offers compelling advantages for shipowners considering this move. From tax incentives and 100% foreign ownership under the Malaysian International Ship Registry (MISR) to strategic geographical positioning in the Asia-Pacific, Malaysia is emerging as a competitive maritime hub. However, this process isn't without challenges. Strict compliance requirements, potential legal risks, and market limitations necessitate a thorough evaluation. By understanding the regulatory framework and leveraging Malaysia's unique benefits, shipowners can make informed decisions that align with their operational goals.   📌 In this article our Senior Associates, Nafis Zain and Sherena Khairul Suman dive deeper into the steps, benefits, and challenges of transferring vessel domicile to Malaysia! #azmilaw #legalupdates #vesselregistration #domiciletransfer #Malaysia

In June 2023, our litigation partner, Abu Daud attended a 2-week programme in Washington DC organised by International Law Institute as part of the strategy to further solidify his knowledge and understanding of arbitration process, strategy, best practices and a host of other key determinants to enable him to make a stronger presence in arbitration practice. Fast forward to the middle of this year, Abu Daud, together with another partner, Melinda Marie D'Angelus, won an arbitration award in a construction dispute against the developer that was represented by a top-tier firm. Just last week, Abu Daud and his associate were in Bahrain, specifically at the Gulf Cooperation Council Commercial Arbitration Centre, attending to an international arbitration regarding a cross-border investment matter. AzmiLaw hopes to further deepen our involvement in high-end dispute resolutions, including international arbitration. 𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬 ⁣ 𝐀𝐳𝐦𝐢 & 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐞𝐬 26 November 2024 𝘚𝘵𝘢𝘺 𝘤𝘰𝘯𝘯𝘦𝘤𝘵𝘦𝘥 𝘸𝘪𝘵𝘩 𝘶𝘴 𝘢𝘯𝘥 𝘣𝘦 𝘱𝘢𝘳𝘵 𝘰𝘧 𝘰𝘶𝘳 𝘫𝘰𝘶𝘳𝘯𝘦𝘺 𝘣𝘺 𝘧𝘰𝘭𝘭𝘰𝘸𝘪𝘯𝘨 𝘈𝘻𝘮𝘪 & 𝘈𝘴𝘴𝘰𝘤𝘪𝘢𝘵𝘦𝘴 𝘰𝘯 𝘓𝘪𝘯𝘬𝘦𝘥𝘐𝘯. 𝘑𝘰𝘪𝘯 𝘢 𝘨𝘳𝘰𝘸𝘪𝘯𝘨 𝘤𝘰𝘮𝘮𝘶𝘯𝘪𝘵𝘺 𝘵𝘩𝘢𝘵 𝘬𝘦𝘦𝘱𝘴 𝘺𝘰𝘶 𝘪𝘯𝘧𝘰𝘳𝘮𝘦𝘥 𝘰𝘯 𝘪𝘯𝘥𝘶𝘴𝘵𝘳𝘺 𝘵𝘳𝘦𝘯𝘥𝘴, 𝘭𝘦𝘨𝘢𝘭 𝘪𝘯𝘴𝘪𝘨𝘩𝘵𝘴, 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘭𝘢𝘵𝘦𝘴𝘵 𝘥𝘦𝘷𝘦𝘭𝘰𝘱𝘮𝘦𝘯𝘵𝘴 𝘧𝘳𝘰𝘮 𝘰𝘶𝘳 𝘧𝘪𝘳𝘮. 𝘍𝘰𝘭𝘭𝘰𝘸 𝘶𝘴 𝘵𝘰𝘥𝘢𝘺! #azmilaw #newsupdates #arbitration #litigation #internationalarbitration

Transfer pricing is a key aspect for multinational corporations (MNEs) navigating cross-border transactions. The Malaysian Transfer Pricing Guidelines outline methodologies to determine appropriate transfer pricing, including the Comparable Uncontrolled Price Method, Resale Price Method, Cost Plus Method, and Profit Split Method, among others. These methodologies aim to ensure fair pricing for controlled transactions while minimizing risks of double taxation and regulatory non-compliance. In this article, our Senior Associate, Gabriel Yee and our Legal Executive, Jun Yen Low examine the Malaysian Transfer Pricing Guidelines, focusing on key concepts such as controlled versus uncontrolled transactions, the arm’s length principle, and transfer pricing methodologies. #azmilaw #legalupdates #transferpricing #MNEs #Malaysia

𝐀𝐳𝐦𝐢 & 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐞𝐬' 𝐂𝐡𝐢𝐧𝐚 𝐃𝐞𝐬𝐤: 𝐘𝐨𝐮𝐫 𝐓𝐫𝐮𝐬𝐭𝐞𝐝 𝐏𝐚𝐫𝐭𝐧𝐞𝐫 𝐟𝐨𝐫 𝐂𝐫𝐨𝐬𝐬-𝐁𝐨𝐫𝐝𝐞𝐫 𝐋𝐞𝐠𝐚𝐥 𝐄𝐱𝐜𝐞𝐥𝐥𝐞𝐧𝐜𝐞 At Azmi & Associates, our China Desk stands as a cornerstone of our commitment to empowering businesses navigating the complex interplay between Chinese-speaking markets and Malaysia. By combining deep regional expertise with bilingual proficiency in Mandarin, Cantonese, and Hokkien, our dedicated team bridges cultural and legal gaps, ensuring seamless communication and delivering actionable solutions tailored to client needs. As a trusted legal partner, we specialize in advising on both outbound and inbound investments involving China, with a focus on the following key areas: - Mergers & Acquisitions  - Financial Services and Banking  - Intellectual Property, ICT, and Biotechnology  - Capital and Debt Markets  - Real Estate and Construction  - Corporate and Commercial Transactions  - Foreign Direct Investments  - Venture Capital Initiatives  - Energy, Oil, and Gas Projects  - Business Setup and Establishment  - Competition and Antitrust Law Whether you are a Chinese business seeking opportunities in Malaysia or a Malaysian enterprise expanding into China, our team offers strategic counsel grounded in a nuanced understanding of regulatory landscapes and market dynamics. Looking forward, we are dedicated to strengthening our partnerships with Chinese companies, fostering innovation, and enabling sustainable growth for our clients. As your trusted advisor, Azmi & Associates’ China Desk is here to help you navigate opportunities and overcome challenges in an increasingly interconnected world. 𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬 ⁣ 𝐀𝐳𝐦𝐢 & 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐞𝐬 21 November 2024 𝘚𝘵𝘢𝘺 𝘤𝘰𝘯𝘯𝘦𝘤𝘵𝘦𝘥 𝘸𝘪𝘵𝘩 𝘶𝘴 𝘢𝘯𝘥 𝘣𝘦 𝘱𝘢𝘳𝘵 𝘰𝘧 𝘰𝘶𝘳 𝘫𝘰𝘶𝘳𝘯𝘦𝘺 𝘣𝘺 𝘧𝘰𝘭𝘭𝘰𝘸𝘪𝘯𝘨 𝘈𝘻𝘮𝘪 & 𝘈𝘴𝘴𝘰𝘤𝘪𝘢𝘵𝘦𝘴 𝘰𝘯 𝘓𝘪𝘯𝘬𝘦𝘥𝘐𝘯. 𝘑𝘰𝘪𝘯 𝘢 𝘨𝘳𝘰𝘸𝘪𝘯𝘨 𝘤𝘰𝘮𝘮𝘶𝘯𝘪𝘵𝘺 𝘵𝘩𝘢𝘵 𝘬𝘦𝘦𝘱𝘴 𝘺𝘰𝘶 𝘪𝘯𝘧𝘰𝘳𝘮𝘦𝘥 𝘰𝘯 𝘪𝘯𝘥𝘶𝘴𝘵𝘳𝘺 𝘵𝘳𝘦𝘯𝘥𝘴, 𝘭𝘦𝘨𝘢𝘭 𝘪𝘯𝘴𝘪𝘨𝘩𝘵𝘴, 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘭𝘢𝘵𝘦𝘴𝘵 𝘥𝘦𝘷𝘦𝘭𝘰𝘱𝘮𝘦𝘯𝘵𝘴 𝘧𝘳𝘰𝘮 𝘰𝘶𝘳 𝘧𝘪𝘳𝘮. 𝘍𝘰𝘭𝘭𝘰𝘸 𝘶𝘴 𝘵𝘰𝘥𝘢𝘺! #azmilaw #newsupdates #chinadesk #China #Malaysia

The article by our Partner, Philip Teoh and Laura Yew explains General Average and Salvage in maritime law. General Average requires all parties involved in a voyage to share the costs and/ or expenses in order to save the vessel and cargo. This is guided by the York-Antwerp Rules and covered by marine insurance clause(s). Salvage involves voluntary actions to rescue vessel and / or cargo in peril at sea, with salvors receiving a reward based on the value of the saved property. The article also covers related issues like salvage liens and guarantees, ensuring fair distribution of costs and incentivizing effective rescue operations. #azmilaw #legalupdates #maritimelaw #generalaverage #salvage #cargo #vessel

𝐀𝐳𝐦𝐢 & 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐞𝐬 𝐖𝐞𝐥𝐜𝐨𝐦𝐞𝐬 𝐓𝐰𝐨 𝐀𝐮𝐬𝐭𝐫𝐚𝐥𝐢𝐚𝐧 𝐋𝐚𝐰 𝐈𝐧𝐭𝐞𝐫𝐧𝐬 On November 18, 2024, Azmi & Associates proudly welcomed two distinguished law interns, Alicia Anagnostopoulos and Molly Radley, from the University of Wollongong, Australia. Their arrival marks another milestone in the Firm’s ongoing commitment to fostering global legal talent. The internship, part of the University of Wollongong's Malaysia Legal Internship Programme, is designed to offer students an immersive experience in the legal field. This initiative, now in its third consecutive year, underscores Azmi & Associates' dedication to nurturing cross-border legal expertise and strengthening international ties. 𝐌𝐞𝐞𝐭 𝐭𝐡𝐞 𝐈𝐧𝐭𝐞𝐫𝐧𝐬⁣ ⁣ Alicia Anagnostopoulos, a final-year law student, joins Azmi & Associates with a keen interest in international copyright law and intellectual property. Her time at the Firm will provide her with practical insights and deepen her understanding of complex legal frameworks on a global scale. Molly Radley, a Ramsay Scholar pursuing a dual degree in Arts (Western Civilisation) and Law, aspires to serve as a Crown Prosecutor. Her internship at Azmi & Associates offers a unique opportunity to broaden her legal perspective and develop a nuanced understanding of international legal systems, enriching her pursuit of a career in public service. 𝐀 𝐏𝐥𝐚𝐭𝐟𝐨𝐫𝐦 𝐟𝐨𝐫 𝐆𝐫𝐨𝐰𝐭𝐡 Azmi & Associates is committed to creating a multicultural and dynamic learning environment for its interns. The programme offers unparalleled exposure to the intricacies of legal practice in a diverse, global setting. Interns engage in real-world legal challenges, gain mentorship from seasoned professionals, and cultivate the skills necessary to excel in the competitive legal landscape. This partnership with the University of Wollongong exemplifies Azmi & Associates’ role as a bridge between academia and the legal profession, equipping the next generation of lawyers with the tools to navigate a rapidly evolving global legal environment. 𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬 𝐀𝐳𝐦𝐢 & 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐞𝐬 19 November 2024 𝘚𝘵𝘢𝘺 𝘤𝘰𝘯𝘯𝘦𝘤𝘵𝘦𝘥 𝘸𝘪𝘵𝘩 𝘶𝘴 𝘢𝘯𝘥 𝘣𝘦 𝘱𝘢𝘳𝘵 𝘰𝘧 𝘰𝘶𝘳 𝘫𝘰𝘶𝘳𝘯𝘦𝘺 𝘣𝘺 𝘧𝘰𝘭𝘭𝘰𝘸𝘪𝘯𝘨 𝘈𝘻𝘮𝘪 & 𝘈𝘴𝘴𝘰𝘤𝘪𝘢𝘵𝘦𝘴 𝘰𝘯 𝘓𝘪𝘯𝘬𝘦𝘥𝘐𝘯. 𝘑𝘰𝘪𝘯 𝘢 𝘨𝘳𝘰𝘸𝘪𝘯𝘨 𝘤𝘰𝘮𝘮𝘶𝘯𝘪𝘵𝘺 𝘵𝘩𝘢𝘵 𝘬𝘦𝘦𝘱𝘴 𝘺𝘰𝘶 𝘪𝘯𝘧𝘰𝘳𝘮𝘦𝘥 𝘰𝘯 𝘪𝘯𝘥𝘶𝘴𝘵𝘳𝘺 𝘵𝘳𝘦𝘯𝘥𝘴, 𝘭𝘦𝘨𝘢𝘭 𝘪𝘯𝘴𝘪𝘨𝘩𝘵𝘴, 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘭𝘢𝘵𝘦𝘴𝘵 𝘥𝘦𝘷𝘦𝘭𝘰𝘱𝘮𝘦𝘯𝘵𝘴 𝘧𝘳𝘰𝘮 𝘰𝘶𝘳 𝘧𝘪𝘳𝘮. 𝘍𝘰𝘭𝘭𝘰𝘸 𝘶𝘴 𝘵𝘰𝘥𝘢𝘺!⁣ #azmilaw #newsupdates #internship #legaltalent #legal

Article providing an overview of the fourth report published on 17 October 2024 by the EU Commission on the screening of foreign direct investments (FDI) in the European Union and of its plans to revise the EU FDI Screening Regulation. This article is the fifth in a series of articles on the screening of FDIs in Europe published since 2021, the first four focusing on the UK’s National Security and Investment Act 2021. Written by: Pierre Brochet #azmilaw #legalupdates #EU #nationalsecurity #investments

𝐀𝐳𝐦𝐢 & 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐞𝐬 𝐚𝐭 𝐌𝐈𝐇𝐀𝐒 𝟐𝟎𝟐𝟒 𝐢𝐧 𝐃𝐮𝐛𝐚𝐢: 𝐄𝐥𝐞𝐯𝐚𝐭𝐢𝐧𝐠 𝐌𝐚𝐥𝐚𝐲𝐬𝐢𝐚𝐧 𝐇𝐚𝐥𝐚𝐥 𝐈𝐧𝐝𝐮𝐬𝐭𝐫𝐲 𝐏𝐫𝐞𝐬𝐞𝐧𝐜𝐞 Azmi & Associates is proud to participate in the Malaysia International Halal Showcase (MIHAS) 2024 (along with our sister company, Prudenz Corporatehouse Sdn Bhd). Organised at the prestigious Dubai World Trade Center from 18–20 November 2024, this year’s event marks a significant milestone as MIHAS makes its debut in the Middle East market. Our Mohd Shah Hashim and Umar Izat Nubli represent the Firm in promoting our services to the attendees of MIHAS@Dubai. This strategic participation in MIHAS@Dubai provides excellent exposure to potential clients and valuable networking opportunities for business growth. MIHAS is widely regarded as one of the most important international trade events for Halal industry players, and MIHAS@Dubai will focus on driving global partnerships and business growth in industries including Halal food, pharmaceuticals, medical devices, finance, fashion, personal care, cosmetics, and green technologies. MIHAS 2024 brings together more than 200 exhibitors from small, medium, and large-scale companies, making it an ideal platform for companies in the Halal industry to network, build relationships, and create business opportunities. The event is expected to attract stakeholders, including potential investors, buyers, and government representatives who are keen to explore the expansive potential of the Halal sector. The participation in MIHAS is intended to create greater visibility for the Firm amongst the Malaysian exhibitors and also the foreign entities which are interested in halal products and services coming from Malaysia. Azmi & Associates is eager to be exploring markets outside Malaysia, and participating in MIHAS in Dubai is one of the initiatives. This dynamic MIHAS platform also serves as a collaborative hub for businesses, industry experts, and innovators to drive innovation in this specific sector. 𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞 𝐂𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐢𝐨𝐧𝐬 𝐀𝐳𝐦𝐢 & 𝐀𝐬𝐬𝐨𝐜𝐢𝐚𝐭𝐞𝐬 18 November 2024 𝘚𝘵𝘢𝘺 𝘤𝘰𝘯𝘯𝘦𝘤𝘵𝘦𝘥 𝘸𝘪𝘵𝘩 𝘶𝘴 𝘢𝘯𝘥 𝘣𝘦 𝘱𝘢𝘳𝘵 𝘰𝘧 𝘰𝘶𝘳 𝘫𝘰𝘶𝘳𝘯𝘦𝘺 𝘣𝘺 𝘧𝘰𝘭𝘭𝘰𝘸𝘪𝘯𝘨 𝘈𝘻𝘮𝘪 & 𝘈𝘴𝘴𝘰𝘤𝘪𝘢𝘵𝘦𝘴 𝘰𝘯 𝘓𝘪𝘯𝘬𝘦𝘥𝘐𝘯. 𝘑𝘰𝘪𝘯 𝘢 𝘨𝘳𝘰𝘸𝘪𝘯𝘨 𝘤𝘰𝘮𝘮𝘶𝘯𝘪𝘵𝘺 𝘵𝘩𝘢𝘵 𝘬𝘦𝘦𝘱𝘴 𝘺𝘰𝘶 𝘪𝘯𝘧𝘰𝘳𝘮𝘦𝘥 𝘰𝘯 𝘪𝘯𝘥𝘶𝘴𝘵𝘳𝘺 𝘵𝘳𝘦𝘯𝘥𝘴, 𝘭𝘦𝘨𝘢𝘭 𝘪𝘯𝘴𝘪𝘨𝘩𝘵𝘴, 𝘢𝘯𝘥 𝘵𝘩𝘦 𝘭𝘢𝘵𝘦𝘴𝘵 𝘥𝘦𝘷𝘦𝘭𝘰𝘱𝘮𝘦𝘯𝘵𝘴 𝘧𝘳𝘰𝘮 𝘰𝘶𝘳 𝘧𝘪𝘳𝘮. 𝘍𝘰𝘭𝘭𝘰𝘸 𝘶𝘴 𝘵𝘰𝘥𝘢𝘺!⁣ #azmilaw #newsupdates #MIHAS #Dubai #halalsector