[Photo by Pixabay from Pexels] By Bryan Boo It is hardly impossible for any person today to not incur some form of debt. Taking a loan, utilising the bank’s overdraft facility and using credit cards are some of …
[Photo by Kaitlyn Baker from Unsplash] By Bryan Boo These days, it is common for us scroll through social media every available free moment we have, even if it is for mere few seconds. Imagine scrolling through social …
The COVID-19 pandemic has forced many companies and businesses to rethink their business models. One trend resulting from the COVID-19 pandemic is that more and more businesses are moving towards digital and online platforms. With social distancing being the ‘new normal’, it is no wonder that consumers prefer purchasing online as compared to taking the risk by physically going to the shop. However, there are a number of considerations that a company or business must consider before launching their online store. This article explores 5 considerations before launching an online business.
Section 17A(4) is to a large extent modelled upon Section 7(2) of the Bribery Act 2010, which is the primary law for bribery in the United Kingdom. A few English cases may be referred to in order to determine what the English courts opined amounted to ‘adequate procedures’ and when the procedures in place were regarded as inadequate for purposes of a defence.
Section 17A(4) provides that where a commercial organisation is charged under Section 17A of the MACC Act, that commercial organisation may raise a defence if it had in place adequate procedures to prevent such corruption. However, Section 17A is silent as to what amounts to ‘adequate procedures’. The only guidance at the time of writing is the ‘Guidelines on Adequate Procedures Pursuant to Subsection (5) of Section 17A Under the Malaysian Anti-Corruption Commission Act 2009’ issued by the Prime Minister’s Department.
Section 17A of the Malaysian Anti-Corruption Act 2009 was added to address the issue of corporate corruption in Malaysia. With Section 17A coming into force on 1 June 2020, companies and businesses will have to ensure that there are adequate measures to address and prevent corporate corruption.
Briefly, an injunction is an order from the court that either prohibits a party from doing something or compels a party to do something. In our previous article, we discussed one form of injunction known as the Fortuna Injunction. In this article, we will be looking at another form of injunction known as an Anton Piller Order.
In our previous article in the Mind Your Legalese series, we discussed the different modes of initiating a suit, i.e. the Writ of Summons and the Originating Summons. Specifically for a legal suit commenced by a Writ of Summons, the defendant receiving a Writ of Summons must enter an appearance within the stipulated time, failing of which a judgment in default of appearance may be entered.
This article discusses what is meant by “appearance” and what is a “judgment in default of appearance”/