In Malaysia, the manufacturing sector is a key contributor to the nation’s economic development. To regulate and facilitate growth in this sector, the Malaysian government, through the Malaysian Investment Development Authority (MIDA), administers the issuance of manufacturing licences under the Industrial Coordination Act 1975 (‘ICA 1975’). A manufacturing licence is mandatory for certain manufacturing companies operating in Malaysia. The process is governed by a defined regulatory framework, eligibility criteria, procedural steps, and key legal considerations involved in obtaining a manufacturing licence from MIDA.
A contract was entered into by a company specialising in professional development services for athletes and an athlete who was 17 years old at the time. The contract required the athlete to pay the company a portion of his net income from basketball related contracts. The issue on unfair terms in contracts arose in this case.
Young athletes, often without legal guidance, sign long-term agreements based on advice from senior players. Many of these contracts lack proper termination clauses and some are issued by companies not registered in Malaysia. These agreements are usually one-sided, with players being unaware that they’re entitled to keep a copy or challenge unfair terms. The psychological toll is significant, in the sense that many fear repercussions for speaking out. The issue of sexual harassment is also prevalent in the Esports industry. Without proper education, legislation, and support mechanisms, players are treated more as chattels than professionals.
The escalating geopolitical tensions, particularly the ongoing US-China rivalry, continue to have profound impact on the global semiconductor industry. In response, many semiconductor companies are actively seeking alternative manufacturing hubs to mitigate the disruptions and restrictions arising from these tensions. As the industry navigates through this shifting landscape, Malaysia has emerged as a key destination for strategic investment and expansion. In this article, we explore several key considerations that foreign investors should take into account when structuring investments in Malaysia’s semiconductor industry.
地缘政治局势持续演变,尤其中美之间的竞争不断加剧,正深刻影响全球半导体行业的发展路径。为应对此局势造成 的干扰和限制,众多半导体企业正加速推进制造基地的多元化布局。随着企业调整其战略,马来西亚逐渐崭露头角,成为投资和扩展的关键目的地。本文将探讨外国投资者在布局马来西亚半导体行业的投资时应重点关注的几个关键因素。
The recent decision by the High Court in Luno Malaysia Sdn Bhd v Yew See Tak has revisited and overturned key findings made at the Sessions Court, raising significant questions about the duty of care owed by cryptocurrency platforms to their users in the context of unauthorised transactions. This commentary analyses the High Court’s reasoning and its implications on digital asset platforms operating under Malaysian law.
目前尚不确定马来西亚所面临的24%对等关税在为期90天的暂缓执行期后是否将继续维持。可以确定的是,在特朗普总统实现其征收关税背后的目的之前,企业必须把新政策及其反复调整视为“新常态”。就在本周,美国总统特朗普表示,半导体与科技产品目前获得的关税豁免只是“暂时性的”,直到美国能够在本土生产同类产品为止。
我们在上一篇文章中已探讨关税战对马来西亚的影响以及企业可如何应对。随着美中之间的针锋相对导致政策持续波动,制定应对关税的短期策略显得尤为关键。
尽管根据法律,进口方有着承担关税的责任,但出口方也难以完全置身事外。进口方可能寻求达成互利的解决方案,而这通常意味着出口方需要承担额外成本。若合同中已约定由出口方承担关税责任,出口方自然应当认真审查相关贸易合同。
Whether the reciprocal tariffs on Malaysia remain at 24% after the 90-day pause is uncertain. However, what is certain is that businesses must accept new policies and reversals of policies as the new normal, until Mr. Trump achieves the goal behind the initiation of the tariffs, whatever it may be. Just this week, US President Donald Trump described the reprieve on semiconductors and tech devices as “temporary”, until the US is capable of producing the same items locally.
We addressed the impact of the tariff war on Malaysia and how businesses can respond in our previous article here. As policies continue to fluctuate in the tit-for-tat between the US and China, formulating short-term plans to deal with the tariffs is key.
In this article, we propose clauses in trade agreements which ought to be reviewed in order to navigate the uncertainties of the tariff war.
