WenJie & Co.

Are you looking to engage a top Malaysia law firm for your matter? Read on for more details:

Top Malaysia Law Firm, WenJie & Co.: About Our Story Are you looking for a Malaysia law firm? We, WenJie & Co., a leading legal firm in Malaysia offers legal services that address your needs. Contact us ...

Are you looking to engage a divorce lawyer in Malaysia for your matter? Read on for more tips:

Divorce Lawyer Malaysia - Choosing the Right Lawyer For Your Case Are you looking for a divorce lawyer Malaysia? In this post, we will explain the divorce process in Malaysia and how to choose the best lawyer. Read on ...

Are you looking for more information on divorce procedure in Malaysia? Read on for more: https://www.wenjieco.com/articles/divorce-procedure-in-malaysia

Are you looking for more details on prenuptial agreement Malaysia? Read here to know more:

Prenuptial Agreement Malaysia: A Comprehensive Guide Want to know more about prenuptial agreement Malaysia? Our article explains the purpose, legality, and preparation of this agreement. Read on for more …

Are you looking for more details on divorce laws on property division in Malaysia? Read here for more details:

马来西亚离婚财产分配：相关法律和提示 您是否想了解更多有关马来西亚离婚财产分配的信息？我们的文章涵盖了相关法律以及如何为之做好准备。请继续阅读以了解更多信息……

Are you looking to engage a Malaysian lawyer? Click here for more tips:

马来西亚律师：如何为您的案件找到合适的专业人士 您正在寻找马来西亚律师来处理您的案件吗？ 本文章将讨论该专业人士的资格、不同的专业知识以及如何寻找合适的人选。 继续阅读以了解更多...

Are you looking for more details on Malaysian single certificate/proof? Click here to read more:

马来西亚单身证明：如何获得该证明以及及其用途 想知道如何获得马来西亚单身证明吗？ 我们的文章解释了该证书是什么、如何获得证书以及需要多长时间。 继续阅读以了解更多...

涉及法律事务时，找到一家合适的律师事务所就成功了一半。 但是，怎么找呢？

本文讨论律师事务所提供的不同类型的服务以及如何找到合适的律师事务所。 继续阅读以了解更多信息：

律师事务所在马来西亚：如何为您的案件选择合适的律师楼 在马来西亚为您的案件选择合适的律师事务所可能很困难。 在本指南中，我们将指导您选择适合您的律师楼。阅读更多…

当谈到结婚和离婚时，子女和配偶的赡养费是最受争议的话题之一。

本文讨论赡养费的类型、计算方式以及如果对方拒绝支付该怎么办。 继续阅读以了解更多信息：

赡养费在马来西亚：类型和计算和不付款的解决方案的指南 您想知道马来西亚的赡养费吗？ 我们的综合指南涵盖了不同类型的贍養費、如何计算以及如果另一方配偶拒絕付款，你可以做什麼的解决方案。繼續閱讀以了解更多...

当涉及结束婚姻和离婚时，优秀的离婚律师可以发挥很大作用。

但是，如何找到合适的呢？ 本文解释了离婚律师如何帮助这对夫妇以及如何寻找离婚律师。 继续阅读以了解更多信息：

离婚律师在马来西亚：如何选择合适的律师处理你的案件 当涉及离婚时，拥有合适的离婚律师至关重要。 他可以指导您完成整个过程并确保您的权利受到保护。在这篇文章中，我们将解释如何选择最适合您的律师以及马来西亚的离婚程序。 继续阅读以了解更多...

马来西亚的离婚率正在上升。 然而, 马来西亚离婚手续 可能会让那些想要结束婚姻的人感到困惑。

本文介绍马来西亚的离婚程序，包括法律、法庭程序、时间和费用。 继续阅读以了解更多信息。

马来西亚离婚手续：如何在马来西亚结束婚姻的指南 您是否在马来西亚正在考虑结束婚姻，但不确定马来西亚离婚手续？ 本综合指南解释了离婚类型，包括离婚步骤,时间和费用。 继续阅读以了解更多信息...

Want to know how much are the fees for tenancy agreements in Malaysia? Use our tenancy agreement stamp duty calculator to calculate the fees for your tenancy agreement:

Tenancy Agreement Stamp Duty Calculator for Your Property Rental Wondering how much is tenancy agreement stamp duty and legal fees will be for your rental? Our guide calculates these charges. Read more...

Want to know how much are the fees to pay for house purchases in Malaysia? Use our stamp duty calculator to calculate the fees for your house purchase:

Stamp Duty Calculator: Compute Stamp Duty for Your Property Purchase Interested in knowing how much stamp duty and legal fees will be for your property purchase? Our Stamp Duty Calculator can help you. Read on to know how it works...

想知道如何防止马来西亚银行贷款违约？ 请阅读我们关于马来西亚欠银行贷款还不上怎么办的文章，了解更多信息: https://www.wenjieco.com/articles/malaixiyaqianyinxingdaikuanhaibushangzenmeban

想知道如何防止马来西亚银行贷款违约？ 请阅读我们关于马来西亚欠银行贷款还不上怎么办的文章，了解更多信息:

马来西亚欠银行贷款还不上怎么办的指南：如何防止银行贷款违约 想知道如果您在马来西亚欠银行贷款还不上怎么办？我们的指南将解释如何预防和管理银行贷款违约的情况以及贷款违约的后果. 阅读更多 ...

想了解更多有关马来西亚诉讼的信息吗？ 阅读我们有关诉讼的文章以了解更多信息:

诉讼：在马来西亚解决争议的不同方式，包括通过法庭程序 了解在马来西亚解决争议的不同方式，包括通过诉讼。从准备到法庭判决，我们都会一一讲解。此外，了解解决争议的其他替代方法。阅读更多...

想知道马来西亚法院的程序是什么？ 请阅读我们有关马来西亚法庭程序的文章以了解更多信息:

马来西亚法庭程序：马来西亚民事和刑事案件的法院手续 想了解更多有关马来西亚法庭程序的信息吗？本文将解释我国的法庭过程、不同的案件类型以及如何聘请律师来帮助您解决此问题。阅读更多…

想了解更多有关马来西亚不同法院的信息吗？ 请阅读我们有关马来西亚法庭的文章以了解更多信息:

马来西亚法庭：马来西亚法院的结构和它的不同的作用以及该程序 了解马来西亚法庭在马来西亚司法制度中的作用。此外，还了解法院结构和法院程序这样你就可以利用司法体系。阅读更多...

想了解更多有关马来西亚离婚证的资讯吗？ 请阅读我们有关马来西亚离婚证书的文章以了解更多信息:

马来西亚离婚证书：什么是离婚证在马来西亚和如何取得该证书 正在寻找有关马来西亚离婚证书的信息吗？本文章将解释什么是离婚证书、如何获得该离婚证书以及相关费用。阅读更多于了解更多...

想了解更多有关马来西亚政府离婚部门的信息吗？ 请阅读我们有关马来西亚政府离婚部门的指南以了解更多信息:

马来西亚政府离婚部门在离婚程序中的作用以及你如何可应用它 想了解马来西亚政府离婚部门在马来西亚离婚程序中不同的角色吗? 并且还了解如何应用它和相关费用. 阅读更多内容以了解...

想了解更多有关马来西亚离婚的法律吗？ 请阅读我们的马来西亚离婚法律指南以了解更多信息:

马来西亚离婚法律：马来西亚不同类型的离婚法以及相关的法庭程序 您在寻找有关马来西亚离婚法律的信息吗？在这篇文章中，我们将解释马来西亚不同类型的离婚法律以及离婚的类型。它还将解释马来西亚的离婚程序。阅读更多...

想知道如何在马来西亚离婚吗？ 阅读我们的离婚指南以了解更多信息:

离婚程序在马来西亚：了解如何在马来西亚申请離婚 想知道如何在马来西亚申请离婚吗？我们的综合指南涵盖了離婚的程序、法律要求以及时间。它还解释了如何聘请律师来帮助您以及相关费用。了解更多相关信息...

有兴趣知道在马来西亚当其他配偶不同意时如何申请离婚？ 阅读我们的单方面申请离婚指南了解更多:

单方面申请离婚指南：如何在马来西亚申请离婚当另一方配偶不同意 想在马来西亚单方面申请离婚吗？本文介绍了先决条件、如何申请、需要多长时间以及费用。我们的文章涵盖了这一切。继续阅读以了解更多信息...

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How To Get Divorced Under The Law in Malaysia?

A total of 37,853 non-Muslim couples divorced in the year 2020 (according to the statistics by the official portal of the Department of Statistics of Malaysia).

When the relationship between the spouses breaks down, the usual option is divorce.

But, how does one get divorced in Malaysia?

There are 2 ways that one can get a divorce in Malaysia namely: by applying for a joint petition or a single petition for divorce under Law Reform (Marriage and Divorce) Act 1976 (‘Act’).

Both ways will be explained below:

1. Joint petition for divorce under section 52 of the Act:

Generally, there must be at least 2 years from the marriage before one applies for the divorce.

Furthermore, this needs the consent of both spouses to apply.

When it comes to consent, the spouses may have to agree on the following areas whenever applicable:

(i) Division of matrimonial assets;
(ii) Maintenance for the spouse;
(iii) Child custody;
(iv) Maintenance for the child.

2. Single petition for divorce under section 53 of the Act.

Only one and either party applies for the divorce.

Usually, it happens when the spouses cannot agree on the terms of the proposed divorce.

Generally, there must be at least 2 years from the marriage before one can apply.

Furthermore, the spouse applying has to prove to the Court that the marriage has irretrievably broken down by showing the facts under section 54(1) of the Act.


Should the parties opt for a joint or single petition for divorce?

It depends on whether the parties can agree to the terms of the divorce.

If they can, a joint petition is the better option as the proceeding generally takes a shorter time and the cost is lower.

If they are unable to agree to the terms of the divorce, they may have to opt for a single petition for divorce.

Sam Ke Ting Was Convicted, Sentenced To Imprisonment, But Remain Released. Why Is It So?

The photo below may have filled your phone screen weeks ago.

This is a case where the accused, Sam Ke Ting allegedly drove into a group of teenagers on ‘basikal lajak’ and the teenagers were killed.

Johor Bahru High Court later sentenced Sam to six years in jail and a fine of RM6,000 for causing death by reckless or dangerous driving under section 41(1) of the Road Transport Act 1987.

She later applied for and was granted leave to appeal to the Court of Appeal. Furthermore, she was granted bail by the Court.

She remained released, at least for now.

How did she remain released despite the conviction and sentencing?

It is because she applied for and was granted a stay of ex*****on of the sentence by the Court.

What does stay of ex*****on mean and how does it affect the sentence?


The stay of ex*****on means postponing the sentencing.

Under section 282(2)(d) of the Criminal Procedure Code (CPC), when it comes to the sentence of imprisonment, it usually takes effect from the date where the judgment passes.

It means generally, those convicted and sentenced to imprisonment will have to be imprisoned immediately unless the Court otherwise orders.

However, to postpone serving the sentence, in addition to appealing against the order, the accused can apply to the Court for a stay of ex*****on of the sentence pending appeal.

Court has the discretion to grant a stay of ex*****on of the sentence pending appeal under section 311 of the CPC.

Generally, a stay of ex*****on is rarely granted unless in some exceptional circumstances.

In this case, the Court exercised this discretion to stay the ex*****on of the sentence pending appeal.

But, how does the Court exercises this discretion?

If you like to know the answer, stay tuned for future posts!

[Source for image: hype.my/(quoted FACEBOOK/SHADA MAZAN/INSTAGRAM/)]

3 Things You Need To Know About Bankruptcy Law in Malaysia

As of December 2021, there are 289,766 bankruptcy cases in Malaysia (according to statistics from the Malaysia Department of Insolvency (MDI))

Here are 3 things you need to know about bankruptcy law in Malaysia.

1. The debt owed must be at least RM 100,000

Before a Court makes a bankruptcy order i.e. adjudging someone bankrupt, the creditor will have to present a bankruptcy petition.

And under section 5(1)(a) of the Insolvency Act 1967 (‘Act’), one of the requirements to present a bankruptcy petition is the debt owed by the debtor to the petitioner(s) is not less than RM 100,000.

2. There are several restrictions on the bankrupt until he is discharged from bankruptcy.

Once someone is adjudged bankrupt, restrictions on him under the Act will kick in.

Some of the restraints come under section 38 of the Act and are as summarised as followed:

(a) the bankrupt shall not leave Malaysia without the previous permission of the Director General of Insolvency or of the court;

(b) the bankrupt shall not, except with the previous permission of the Director General of Insolvency or of the court, enter into or carry on any business either alone or in partnership, or become a director of any company or otherwise directly or indirectly take part in the management of any company;

3. Bankrupt may be discharged from bankruptcy after 5 years elapsed from the bankruptcy order

There are several ways to be discharged from bankruptcy.

One of the ways is where the Director General of Insolvency may, at his discretion, issue a certificate discharging a bankrupt after five years has elapsed from the bankruptcy order.

However, the discretion is subject to section 33B of the Act which relates to objection by the creditor to the discharge of bankruptcy.

If the bankrupt sells or transfers his property before being adjudged bankrupt, will that property be subject to division amongst creditors?

If you like to know the answer, stay tuned for future posts!

Requirements For Making A Will in Malaysia

Have you made a will? Or are you going to make a will?

But, how do you know whether the will you make is valid?

Here are 3 requirements you should know when making your will in Malaysia:

Requirement 1: You must be of the age of majority, at least 18 years old to make a will in Malaysia.

Requirement 2: Will must be in writing.

Requirement 3: Will must be signed by the testator or another person in his presence and under his direction and witnessed by at least 2 persons who subscribed to the will.

It is a requirement under Section 5(2) of the Wills Act 1959.

What it means is the testator must sign on the will or another person sign under the direction of and in presence of the testator, and the testator acknowledges to be his signature.

Simultaneously, 2 or more people must witness the ex*****on and attest to the ex*****on.

Generally, ex*****on by testator and attestation by witnesses happen in presence of each other.

Now, that you know what are the requirements to make a valid will in Malaysia.

But, do you know the pitfalls to beware of when making a will in Malaysia?

I may cover that in future posts. Stay tuned!

3 Things You Need To Know About Company Law in Malaysia

If you run a business using a company limited by shares (Sdn.Bhd.) or other entity, here are 3 things you should know about company law in Malaysia-

1: You can form a company with 1 director and 1 shareholder.

Want to form a company with you being the sole shareholder and director but worried whether the law allows it?

The previous law, Companies Act 1965 requires at least 2 members and 2 directors to form a company.

However, under the new Companies Act 2016 (‘Act’), it requires only at least 1 member/shareholder and 1 director.

2. The shareholder and the company are separate entities under section 20 of the Act.

This principle originates from the case of Salomon v A Salomon & Co [1897] AC 22, HL.

How does this principle implicate you as a shareholder?

It means the company, not the shareholder is responsible for its debts and contractual obligations.

Furthermore, the company itself solely has the right to enforce its rights.

Generally, its members and directors are not personally liable for the debts of the company.

To enforce its rights and liabilities, the company may sue or be sued in its name.

3. Liability of shareholder of an Sdn.Bhd. is limited to the amount unpaid on shares held by the shareholder.

Back to point 2 above, you may ask: ‘What is my liability towards any debts of the company as a shareholder?’.

Good question.

For a company limited by shares, your liability as its shareholder is limited to any amount unpaid on the share held by you.

What it means is generally, your liability as a shareholder for any debts of the company is limited to the amount of share issued in your name.

When the share is not paid fully, to the amount unpaid on the share held by you.

The concept of a separate legal personality, that is point 2 usually attracts business owners to use Sdn. Bhd. as its business vehicle.

But, is this concept bulletproof or there are exceptions?

I may answer it in the future sessions. Stay tuned!

P/S: If you are uncertain about the concept of a separate entity whether you are dealing with or operating an Sdn.Bhd., do D.M me.

Your Clients Refuse To Pay?

Do you provide credit to your clients and some of them refuse to pay like him?

Over the years, he provided great service and has many loyal clients.

And they usually pay on time.

But, to grow his business, he needs more clients.

To attract new clients, he has to offer credit terms to the new clients.

Hoping they will pay on time.

They promised to pay on time.

Some will. Unfortunately, some don’t’.

For the clients who defaulted, he called.

Some picked up his call and promised to pay.

And they did.

Some avoid him like a bane.

In his industry, offering credit is a norm.

He must offer credit terms to attract new clients.

But, how can he give credit and prevent default?

He called me. We talked.

I understand his concern about giving credit and preventing default at the same time.

He agreed to my advice.

About a year later, we met and he said the default rate had reduced. He was relieved!

In the journey to growing our business, giving credit and defaulting of payment may seem inevitable.

But, can we reduce the default rate while giving credit?

Yes, we can.

If you face a similar situation and can relate to this, DM me. We‘ll talk.

DIY Employment Contract That Violates The Law?

He is a successful man, both as a business owner and father.

When he just starting and to save money, he prepared his employment contract for his business.

Over the years, he has built his business from scratch with several employees.

Things look rosy until a particular day when he received an envelope containing a letter.

The letter is from the Labour Department.

He started reading the letter and was stunned.

It turned out his employee complained against him to the Labour Department.

He thought to himself ‘What is the complaint about?

He kept reading.

It turned out that his employment contract is suspected to violate the law.

His face turned pale and he asked himself ‘Violated the law?

An offence?’

He further asked himself ‘If he is found guilty, what will happen to his family?

He came to me. We sat down and looked at the contract.

Yes, several clauses had not complied with the law.

After several negotiations, we managed to settle the matter amicably at the Labour Office.

And, I prepared a new employment contract for him.

Now, he feels peaceful where he can focus on his business and family.

Many may have shared a similar situation as him, focusing on generating income and overlooking the employment contract.

But, when the contract violated the law, our peace of mind is at stake.

Imagine having a complaint lodged against you.

My role is to help you to look at the arrangements between you and your employees and prepare an agreement that meets the needs of both parties.

If you are planning to prepare an employment contract, but are not sure how to, DM me. We ‘ll talk.

P.S: Thank you for reading.
Enjoy your weekend.

Terminating Your Employees?

Her face frowned.

She had received numerous complaints from customers.

About the attitude of an employee, X.

X had been with her for years and recently, his performance had worsened.

Works are sloppy.
Numerous meetings have been held with little to no improvement.

She wanted to terminate X but she was afraid.

What if she is sued? How much does she need to pay?

The uncertainty plagued her.

We met. We sat down and looked at the employment contract.

Thankfully, there is a clause in the contract which covered this situation.

We relied on that clause.
Later, she managed to part ways with X on good terms.

Many of us may be in the same situation too.

Being responsible employers, we care for our workers.

But, sometimes they did not perform as we expected.

And unfortunately, we had to part ways. In a way, that benefits you and your business.

Should we terminate them immediately or by giving a notice period before termination? It depends.

How do you handle underperforming employees?

Like to hear your views.



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What To Look Out For Before Signing Agreements?

For your convenience and easier to read, I have compiled the article into 2 different pictures (page 1 and 2) below.

Alternatively, you can read via this link: https://wenjieco.com/top-3-considerations-for-commercial-agreements-part-of-commercial-advisory-services/

Hope it add values to you. If it benefits you, please like and share !

What is must-know when one is considering a divorce? Read this article to know more: https://wenjieco.com/must-know-for-joint-petition-for-divorce-by-divorce-lawyer-in-malaysia/