Corporate and Commercial

A law firm in Malaysia plays a significant role in our legal system. Corporate lawyers are legal professionals who work closely with entrepreneurs on legal aspects of a number of things, such as operations and management.

These corporate lawyers are well-versed with Malaysian laws, especially business laws, and usually provide below legal services:

1. Business Entity Setup

   Starting a business as the first step for entry into the local market requires setting up of a legal entity. Corporate lawyers will provide legal advice on the type of business entities to use for the success of the business. A private limited company (Sdn. Bhd.) provides business owners with personal asset protection and can attract more investors, although the cost is higher.

   Furthermore, corporate lawyers can assist with the registration of business entities and the submission of documents to the authority, the Companies Commission of Malaysia (SSM) and other commercial matters.

2. Preparing Business Contracts

   Success in business requires resources, working relationships, and joint ventures, especially for international business and the corporate sector. Thus, corporate lawyers who understand the legal landscape and corporate and commercial law will be able to assist clients in preparing legal documents such as shareholders' agreements, sale and purchase agreements.

   Along with these legal services, corporate attorneys also examine and negotiate business contracts, addressing issues such as payment terms, obligations, and dispute resolution procedures.

3. Mergers and Acquisitions

   One of the ways for business growth is through mergers and acquisitions, that is, acquiring other businesses. Corporate lawyers conduct due diligence on other businesses to ensure transparency, accountability, and that the deal is good for value.

   Furthermore, when a business needs investments, one of the ways is through capital markets, which involves being listed on the stock exchange. Solicitors who is well versed with the legal framework of legal authority can advise on these corporate transactions, including the procedures and requirements. This method can be faster than getting funds through private equity.

4. Corporate Governance and Compliance

   As the business grows, there are more regulatory compliance matters with its set of regulations and rules to comply with.  Some of these matters include intellectual property (copyrights, trademarks, and trade secrets), employment law, and protection of data privacy.

   Thus, as employers, with the expertise and guidance of corporate lawyers, they will be able to understand these laws, especially data protection regulations and their rights.

5. Resolving Shareholder & Board Issues

   These experienced lawyers also have advisory roles in advising on the legal processes to resolve disputes through commercial litigation.

Business Types

Business owners are generally divided into 2 types:

1. Start-up

   These are business owners who start their businesses in the early phase. What they need is a lawyer to refer to for essential Malaysian laws, such as employment law, and preparing key documents, such as an employment contract, and advising on the incorporation of the company.

2. Growth and established

   Established corporations require different legal assistance compared to start-ups. Usually, they require corporate lawyers who are well-versed in contract law to prepare agreements such as licensing agreements for the expansion of businesses.

   Furthermore, these skilled lawyers’ key responsibilities include advising on the legal protection of assets, applications for different licenses for different fields to expand the market in that economy.

Choosing Lawyers

Corporate lawyers play a crucial role in business success. Some of the factors in choosing them include:

1. Sharp Legal & Business Acumen

   An effective corporate lawyer knows the business side of things just as well as the legal side. This includes an understanding of how businesses operate, what factors contribute to profitability, and which risks are of the highest concern. They know the markets, including the trends, interests, and opportunities for innovations

2. Strong Negotiation & Communication

   Apart from understanding the legal system, they should have the ability and skills to negotiate and communicate to achieve the clients’ goals. If needed, the lawyer should be able to conduct necessary research to access more information and insights to achieve the client’s commercial objectives. Furthermore, using technology for higher efficiency and continuing education is not optional, but a must in the business world nowadays.

3. Expertise and Good Reputation

   A good corporate lawyer in Malaysia should have a good reputation amongst entrepreneurs for professional service and strategic advice provided. This proves that they are well-versed in the business environment and can be a choice for long-term partnership with clients to meet client needs.