Banking & insolvency litigation

We act for many local and foreign banks in all spheres of banking litigation, formal and informal debt restructuring, private debt work–outs and in various regulatory proceedings.
Our partners and assistants in this area of practice act regularly in the recovery of loans (syndicated and otherwise) and the enforcement of debt instruments. We also act in disputes relating to cheque and credit card fraud and often move urgent applications on short notice before the High Courts and the Appellate Courts.

This practice also acts for various insolvency practitioners including liquidators, special administrators, receivers and managers and regularly advises and represents international accounting practices.

Asset and Debt Recovery
Bankruptcy
Cheque & Credit Card Fraud
Documentary Credits
Foreclosure
Futures/Derivatives Litigation
Liens & Set Off
Liquidation
Private Banking
Receivership
Security Enforcement
Special Administration
Unauthorised Payments

Corporate and commercial practice

Our Corporate and Commercial Practice is most established in Malaysia. We provide a comprehensive range of services. The practice has experience in all areas of corporate and commercial law including mergers and acquisitions, takeovers, securities dealings, capital and fund raising, restructurings, cross–border transactions, joint ventures, regulatory issues and corporate governance.

The practice also encompasses the fields of telecommunications, internet related transactions, energy, media, securities, pharmaceutical, environment, insurance, banking, direct sales, wholesale and retail trade, plantation, transport, construction and infrastructure. Drawing upon the multidisciplinary resources of the firm, we are not only able to advise on, structure and undertake the most challenging corporate and commercial transactions but also take great pride in resolving problems for our clients.

We have the capacity and experience to undertake the most complex and resource intensive projects. Our responsiveness to clients' needs and commercial objectives and our ability to provide prompt practical solutions are at the forefront of our corporate mission.

Business Structures & Entities
Compliance
Consumer Law
Corporate Advisory & Strategic Planning
Corporate & Debt Restructuring
Corporate Governance
Due Diligence
Environmental Law
Exchange Control Regulations
Foreign Investment & Joint Ventures
Insolvency & Liquidation
Insurance & Financial Institutions Regulations
Licensing & Regulatory Approvals
Mergers, Acquisitions & Divestments
Offshore Companies
Securities Offerings
Stamp Duty
Structuring & Formation of Companies

Corporate and Secretarial Services

Our Corporate and Commercial Practice is supported by its own Corporate and Secretarial Services Department, which enables us to offer our clients a comprehensive range of in-house company corporate and secretarial support services for private as well as public listed companies in a timely and cost–efficient manner.

Apart from providing company secretaries, the department's services include the incorporation of companies, the making of applications for the registration of branch offices of foreign corporations, the obtaining of approvals for representative offices, regional offices and operational headquarters and the provision of information on immigration matters. This department has the advantage and benefit of the advice and guidance of our Corporate and Commercial Practice.

Branch Registration
Company Searches & Other Related Services
Company Secretaries
Compliance
Corporate Representatives
Directors' Meetings
Immigration Information
Incorporation of Companies
Minutes & Resolutions
Operational Headquarters Applications
Proxies
Registered Office
Representative & Regional Office Applications
Shareholders' Meetings
Statutory Filings

Dispute practice

Mohamad Zainuddin & Co. Dispute Resolution Practice is the largest of such practices in Malaysia. Our lawyers appear regularly in our Appellate Courts and High Courts on a broad spectrum of contentious work including shareholders and joint venture disputes, matters involving company administration and directors' duties and liabilities, maintenance and reduction of capital, enforcement of commercial contracts, commodities and future claims, white collar crimes, defamation claims, and trust and probate matters. We are often asked to act as counsel by other lawyers and legal firms practicing in the country.

We have a niche in the area of professional negligence litigation and have a team dedicated to advising the medical and other professions, on negligence claims, disciplinary matters and related insurance issues. We also act in the growing area of alternate dispute resolution and regularly represent our clients in arbitrations both inside and outside Malaysia with our partners often being appointed as arbitrators in both domestic and international arbitrations.

Arbitration
Commercial Crime
Commercial Litigation
Corporate Litigation
Defamation
Enforcement of Foreign Judgments
Environmental Law
Insurance
Land Acquisition
Land & General Property
Product Liability
Professional Negligence
Public & Administrative Law
Tobacco Litigation

Employment & Administrative law

We have extensive experience in providing advice to corporate and institutional clients in respect of industrial relations and employment matters. We are the first firm in the country to have a practice dedicated to dealing with this area and continue to offer comprehensive assistance and representation to our clients at various forums of dispute resolution.

We offer a full range of services across a broad spectrum of contentious work and have been involved in many large restructuring exercises. The team comprises two partners and several legal assistants who devote their time exclusively to advising and representing employers and thus ensuring that our professional assistance rides in tandem with the business needs of our clients.

Collective Bargaining
Contracts of Service
Employment Issues
Industrial Actions
Judicial Review
Law on Dismissals
Mergers & Acquisitions
Occupational Health & Safety
Provident Fund & Social Security
Reorganization & Retrenchment
Statutory Benefits
Trade Disputes
Union Recognition

Engineering & Construction

Mohamad Zainuddin & Co. is one of the first firms in the country to set up a separate practice dedicated to the growing area of Engineering and Construction Law. Our lawyers appear regularly in arbitrations, both ad–hoc as well as those under the auspices of professional institutions. We also appear in the High Courts and Appellate Courts on matters relating to the engineering and construction industry and are actively involved in mediation and conciliation of engineering and construction disputes.

We advise in the negotiation and drafting of engineering, procurement and construction contracts and consultancy agreements. We also advise on project management and implementation. We have been involved in projects ranging from cement production plants, wafer fabrication plants, pulp and paper production plants to seaport and airport facilities and telecommunication structures.

Arbitration
Construction Contracts
Construction Litigation
Consultancy Agreements
Engineering Contracts
Industrial Projects
Infrastructure Projects
Mediation & Conciliation
Procurement Contracts
Project Management & Implementation

Financial services

Our Financial Services Practice represents an integral part of the services offered by Mohamad Zainuddin & Co. We advise a wide range of Malaysian and international financial institutions and corporations on various areas of the law including:

• All aspects of bank financing such as bilateral and syndicated loans, project finance, trade and asset finance and structured finance.
• Islamic leasing and financing including Islamic debt instruments.
• Capital market transactions encompassing debt, convertible debt or other equity linked debt issues denominated in foreign currency or Ringgit and commercial papers or medium term notes programme.
• Structuring derivative transactions involving ISDA agreements, and
• Securitization

A major part of this practice is to advise clients on mergers and acquisitions together with ancillary financing arrangements, privatizations and foreign investment and technology transfer. Our team consists of lawyers with the necessary banking, capital markets and structured financing experience who work closely with our clients to come up with practical and commercially– driven solutions to resolve transactional issues.

Bank Financing
Capital Markets
Debt Restructuring
Derivatives
Foreign Investment & Technology Transfer
Investment Fund Regulation & Management
Islamic Debts Instruments & Financing
Mergers & Acquisitions
Privatizations
Project Finance
Securitization
Structured Finance
Take Overs

Immigration services

The heart of our Immigration Practice is employment based immigration where we assist companies, especially foreign owned companies, who wish to hire foreign employees or to second such employees to Malaysia expeditiously, in applying for the necessary visas and work permits. We also have extensive experience in assisting international clients on the establishment of various vehicles to carry on business or establish a presence in Malaysia such as Approved Operational Headquarters, Representative Offices and Regional Offices.

Professional Visit Pass Training Pass
Spouse Work Permit
Long Term Social visit pass
Student Pass
Dependent Pass
Second Home Programme
Employment Pass Endorsement
Dependent Passes Employment and Dependent Passes Cancellation
Driving License Application in Malaysia

Intellectual Property & technology

As the pioneers in the field of Intellectual Property Law in the country, we have grown from strength to strength and our practice now encompasses Information Technology and Communications. The practice is supported by a large team of lawyers, paralegals and staff. The practice deals exclusively with a wide spectrum of Intellectual Property and Technology matters and undertakes both contentious and non-contentious work.
In our contentious Intellectual Property work, we are frequently instructed to handle urgent court applications for interlocutory remedies. We have litigated Intellectual Property disputes at all levels including in the Court of Appeal and Federal Court. We maintain a close rapport with the relevant government agencies and reliable and reputable professional investigation firms and rigorously conduct anti-counterfeiting and enforcement programmes including the monitoring of potential infringements on behalf of Intellectual Property owners.
The scope of our non-contentious work is, similarly, as extensive and encompasses the administration and registration of domain names and the various registrable Intellectual Property rights, notably, trademarks, geographical indications, patents and industrial designs. We provide assistance in obtaining regulatory approvals for franchises, food, drug and gaming matters and advise on product liability and consumer protection issues. Our legal advisory services also extend to e-commerce, vetting, drafting and negotiation of Intellectual Property and Technology contracts and other related documentation.

Advertising
Anti-Counterfeiting
Consumer Protection
Copyright
Dispute Resolution
Domain Names
E-Commerce
Enforcement
Entertainment & Media
Franchise
Gaming
Geographical Indications
Industrial Designs
Integrated Circuits
Patents
Privacy & Trade Secrets
Regulatory Approvals for Food & Drug
Telecommunications
Trade Descriptions
Trademarks

Probate & Administration

The Probate and Administration Practice provides a range of services from the preparation of wills to obtaining probate and letters of administration for the estate of a deceased person as well as resealing of foreign grants of representation. We are also able to assist in the transmission and transfer of immovable property of a deceased person.

Probate & Administration

Real Estate

Our Real Estate Services Practice advises a wide range of clients, both domestic and international, which include listed companies and financial institutions, on all aspects of property transactions including acquisitions, divestments, property linked financial transactions. As an integral part of this area of practice, we also advise on licensing and regulatory approvals from government and statutory agencies including the Foreign Investment Committee (FIC), State Authorities and the Estate Land Board. Our team members work closely with the firm's Financial Services Practice in many aspects.

Building Management
Joint Property Development
Leases & Tenancies
Project & Retail Property Transactions
Property Joint Ventures
Property Related Acquisitions & Dispositions

Tax & revenue

We pride ourselves on the broad range of our clientele (both corporate and individual) whom we serve in all areas of tax planning and advice, covering the full spectrum of commercial activities. We appear frequently before the Special Commissioners of Income Tax and the Appellate Courts of Malaya on tax appeals as well as other tax proceedings and we have a special interest in the Labuan International Offshore Financial Centre which offers preferential tax treatment to offshore companies established in Labuan. Interdisciplinary support to other departments in the firm is a major part of the practice.

Corporate Tax
Customs Duties
Double Taxation Treaties
Labuan Offshore Tax Planning
Offshore Companies
Offshore Partnerships
Offshore Trusts
Personal Income Tax
Real Property Gains Tax
Sales Tax
Service Tax
Stamp Duty
Tax Incentives for Investments
Taxation of Petroleum & Gas Companies
Trusts & Asset Protection Planning

Technology law

The convergence of Information Technology and Telecommunications in recent years, the growth of the Internet and the development of new business models such as e-commerce and mobile commerce, have raised fluid and novel legal issues.
 
To deal with these issues, we have formed a specific practice area to provide legal services in the area of technology. Our team consists of people who have extensive experience and expertise not only in technology-related issues, but also in other relevant practice areas such as intellectual property, corporate law, tax and dispute resolution.

Our team regularly advises on, amongst others, licensing and regulatory compliance in all areas of technology law, including Information Technology, telecommunications, broadcasting, the Internet and e-business. We also regularly represent clients in technology-related disputes.

Access and Interconnection
Broadcasting
Competition
Consumer Protection
Data Protection and Privacy
E-Commerce
Electronic and Internet Banking
Internet Security
IT and BP Outsourcing
Mobile Commerce
Regulatory Compliance
Software and Hardware Acquisition
System Integration
Telecommunications
Web Services

Transportation and insurance

We act in all aspects of aviation, marine and general transport law including all related insurance issues. Our practice further encompasses other general and specialist insurance areas such as fire insurance, all risks policies and professional negligence insurance.

Our clientele includes both local and international airlines, transport companies, ship owners, charterers, P & I Clubs, freight forwarders, banks and ship builders as well as insurers, underwriters and leasing companies. We are extensively involved in P & I Club work, ship arrests and releases and also disputes in relation to bills of lading, charter parties, towage and marine insurance. We have acted in major aviation claims including those related to death and personal injury.

Admiralty
Aviation
Cargo Claims
Fire Insurance
Hull Claims
International Trade & Transport
Marine Insurance
Maritime Arbitration
Personal Claims
Ship Arrests & Releases
Shipping Litigation