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Editor’s Note

Dear readers,

Selamat Hari Raya Aidiladha to all Muslims who are celebrating! May this occasion brighten your life with countless aspirations and prayers enlightening you from within.

In our 6th Issue of 2023 Empower Newsletter, we are excited to share the latest legal news and updates.

The first article discusses a recent Federal Court case of Wiramuda (M) Sdn Bhd v Ketua Pengarah Hasil Dalam Negeri where it was held that Section 4C of the Income Tax Act 1967 (“ITA”) is in contravention of Article 13(2) of the Federal Constitution.

Dying intestate – what happens to your wealth and assets? An informative article that guides you on how to distribute the estate among the deceased person’s surviving relatives. This article also discusses the downside of not having a will and relying on the Distribution Act 1958 for the distribution of assets.

Our next article is written by our Real Estate team, where they explain the recent stamp duty exemptions and remission gazetted by the Malaysia government. A summary of the exemptions and remission is also provided in the article for a better understanding of the same.

We also present the key features and legal aspects of preference shares under the Companies Act 2016. Understanding all the terms associated with preference shares is crucial for minimizing the risk of disputes that may arise due to interpretation issues.

Next, we explore recent High Court decisions on whether adjudication costs and interest are claimable under Section 30 CIPAA 2012.

Lastly, our Employment Team provides a brief overview on retrenchment exercises, which has become a common practice in Malaysia during the pandemic and with the rise of artificial intelligence replacing human jobs.

We hope you will gain valuable insight by reading this month’s issue, and we welcome your questions and suggestions for future editions at newsletter@hhq.com.my. As always, enjoy your read and have a great month ahead!

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