Diary of Events (April 2022 Issue)

1) M/S Shearn Delamore & Co.’s Doing Business in ASEAN Webinar: “Why Malaysia Should Be Your Choice” held on 2 December 2021 via Zoom Meeting

Malaysian South-South Association (MASSA) co-organised as webinar with M/S Shearn Delamore & Co. entitled Doing Business in ASEAN Webinar: “Why Malaysia Should Be Your Choice”. The webinar was held on 2 December 2021.

The webinar focused on the attributes of Malaysia as an attractive investment destination for foreign investors who wish to set up a base from which to do business in ASEAN. The webinar highlighted key Corporate, Intellectual Property (IP) and Tax laws for doing business in Malaysia.



The programme for this webinar is as follows:

4.00 – 4.10 pm: Welcome & Introduction to Shearn Delamore & Co.

4.10 – 4.35 pm: Corporate / M&A

4.35 – 4.55 pm: Intellectual Property

4.55 – 5.20 pm: Tax & Revenue

5.20 – 5.30 pm: Wrap-up & Thank You



The panel of speakers were as follows:


The webinar began with welcoming address from Ms Karen Abraham, Partner & Head of Intellectual Property Department, Shearn Delamore & Co. (pic below).

Following the welcome address, Ms Karen Abraham invited her partner, Ms Irene Yong, Partner, Shearn Delamore & Co., Tax & Revenue Department, (pic below) to give an introduction on Shearn Delamore & Co.’s profile and services offered.

Mr Nicholas Tan, Partner, Shearn Delamore & Co., Corporate Department, (pic below) to presented on the case for Malaysia as a well-suited choice for investments from the corporate law perspective.



Mr Nicholas Tan spoke on how foreign companies could build a business presence/entity in Malaysia, through setting up a private company limited by shares (JV or subsidiary) or setting up a branch office in Malaysia.

He also shared on sectorial approval requirements and restrictions, mainly the foreign ownership of business licenses and shareholding. Depending on the business activity or sector, certain business licenses in Malaysia can be 100% foreign-owned.

His presentation also highlighted some of the attributes of Malaysia as an attractive investment destination for foreign investors who wish to set up a base from which to do business in ASEAN, namely:

• Freedom of contract, provided that the matter contracted is not illegal and contravene the public policy.
• The use of English language. Malaysia accepts commercial documents in English and generally have no requirement to translate them into another language.
• English can be used in commercial activities, including correspondences with governmental regulators and agencies.
• Dispute resolution, court, arbitration and mediation. Malaysia has structured a court system and is a signatory of the New York Convention and is home for the Asian International Arbitration Centre.
• E-signature is allowed for most documents in Malaysia, except for certain documents that includes Power of Attorney, Wills, Trusts etc.


Ms Karen Abraham introduced the firm’s IP Practice team, their services, global alliances, domestic networks and the governmental bodies they are working closely with. Some of the services offered by their IP Practice and available remedies include:
• Advisory work and drafting
• Registration of IP rights (trademark, patent, copyrights etc)
• Enforcement of IP rights (counterfeit, piracy, false trade etc)
• Civil remedies (injunction, damages, costs etc)
• Criminal remedies and penalties (fine and/or imprisonment)

She presented the legal IP infrastructure available in Malaysia. The evolving encouraging developments in legal IP infrastructure such as Trademark Act 2019, Patent Prosecution Highway Agreement (PPH) and Copyright Act 1987 which was amended in 2020 amongst others should be noted by foreign investors.

She observed that following the COVID-19 pandemic, the numbers of application and registration of trademarks and industrial designs as well as patents granted had been steadily increasing in the last two years, especially in the chemistry/metallurgy field i.e., pharmacies, medicines, medical necessities.

She remarked that Malaysia should be seen as a destination for businesses as the nation is a signatory of Global IP Treaties (WIPO, Paris Convention, Patent Cooperation Treaty and many more). Further in ASEAN context, Malaysia participated in the ASEAN Working Group on IP Cooperation (AWGIPC) and proposed Pan-ASEAN Trademark Application System (PATMA) as initiatives. Malaysia also ranks second in the Southeast Asia IP Index, indicating the importance of protecting intellectual properties in Malaysia.


Ms Irene Yong presented on the Malaysian taxes and revenue. Ms Irene Yong spoke on the Malaysian Tax System, touching on Income Tax, Real Property Gains Tax (RPGT), Sales Tax and Service Tax. She highlighted other taxes such as customs duties, anti-dumping duties etc., which may apply depending on the nature of activity, type of goods imported into Malaysia, or exported from Malaysia etc. These taxes can usually cause indirect issues, therefore, Ms Irene Yong encouraged to seek professional advice on these matters. She then presented a list of tax incentives and exemptions available in Malaysia as well as the cross-border connections that Malaysia had established.

2) Meeting with Malaysia Business Chamber Vietnam (MBCV) and Malaysian Business Chamber Lao PDR (MBCL) on 11 January 2022

MASSA represented by Ms Ng Su Fun, Executive Secretary and Mr Samuel Loh, Programme Executive met with representatives from Malaysian Business Chamber Lao PDR (MBCL) and Malaysia Business Chamber Vietnam (MBCV) to discuss areas for joint collaboration with MASSA for the year of 2022.


Group photo of the representatives from MASSA, MBCL and MBCV present at the meeting.


3) Cambodia – Malaysia Business Forum 2022 titled “Dissemination of the Law on Investment of the Kingdom of Cambodia” held on 17 February 2022

The Cambodia – Malaysia Business Forum 2022 titled “Dissemination of the Law on Investment of the Kingdom of Cambodia” was held on 17 February 2022 and organised by the Malaysian Business Chamber of Cambodia (MBCC), in collaboration with the Council for the Development of Cambodia (CDC) Government of Cambodia. The business forum introduced the new Law on Investment (LOI) and how it can encourage and facilitate potential foreign investments into Cambodia. This forum welcomed over 200 participants from Malaysia and Cambodia.

The business forum began with the following:

H.E. Mr. Eldeen Husaini Mohd Hashim, Ambassador of Malaysia to Cambodia, delivering his opening remarks.


H.E. Mr. Cheuy Vichet, Ambassador of Cambodia to Malaysia, delivering his opening remarks.

Following on, the remarks of the leadership of CDC and MBCC:

H.E Mr. Sok Chenda Sophea, Minister attached to the Prime Minister, Secretary General of CDC, delivering his keynote remarks.

Okhna Tan Khee Meng, President of Malaysian Business Chamber of Cambodia, giving his opening remarks.

The Royal Government of Cambodia (RGC) had promulgated a new Law on Investment that took effect from 15 October 2021, to replace the previous LOI that was enacted in 2007.

This LOI is a new law to promote investments into Cambodia with open, transparent and attractive investment incentives to all encouraged sectors namely High-Tech industries, innovative industries with high added value, industries support production chains and agricultural, electrical, digital industries, small and medium enterprises (SMEs) etc and many more priority sectors, providing inclusive policies and incentives to all large enterprises or SMEs that invests into Cambodia.


This Law aims to establish an open, transparent, predictable and favourable legal framework to attract and promote quality, effective and efficient investments by Cambodian nationals or foreigners for socio-economic development in the Kingdom of Cambodia by:

1. Increasing Cambodia’s competitiveness so its economic structure may diversify and become resilient to regional and global crises;

2. Modernizing and increasing the productivity of local industries and strengthening connectivity with regional and global supply chains by promoting increased capital inflows, and the transfer of technology, knowledge and know-how;

3. Establishing an investment incentive regime that is transparent, predictable, non-discriminatory and competitive that supports socio-economic policies; and

4. Providing protection to investors’ rights and legitimate interests in the Kingdom of Cambodia through the establishment of a comprehensive and equitable legal framework in line with national interests.

This Law applies to all Qualified Investment Projects, Expanded Qualified Investment Projects and Guaranteed Investment Projects registered with the Council for the Development of Cambodia or Municipal-Provincial Investment Sub-Committees.


The Council for the Development of Cambodia (CDC) shall be established as an executive body acting as the “Etat-Major” and One-Stop Service of the Royal Government of Cambodia responsible for overseeing and managing development cooperation, private investment, and special economic zones.

 Mr. Suon Sophal, Director of Public Relations and Promotion of Private Investment CIB/CDC delivered a presentation on the new Law on Investment of the Kingdom of Cambodia.

From left to right: H.E. Eldeen Husaini Mohd Hashim, Ambassador of Malaysia to Cambodia, H.E Mr. Sok Chenda Sophea, Minister attached to the Prime Minister, Secretary General of CDC & Oknha Tan Khee Meng, President, MBCC at the open discussion (Q&A) session led by H.E. Mr. Sok Chenda Sophea.

The key highlights:

• Companies in the green sector will be eligible to get the incentives first. Companies that invest their research, development and innovations with environmental protection/conservation in mind is also eligible to get the additional incentives such as the 150% deduction of tax base. This in line with the ESG goals.

• H.E Mr Sok Chenda Sophea assured that the economic land concessions (ELC) will not be reduced further than the current 50 years tenure.

• The three years tax holiday will not be triggered on the first day investors registered at the CDC, but it will be triggered on the first day the company generate their income.

• It is emphasized that (current and future) investors to contact CDC directly regarding the laws and regulations for maximum benefits and protections, which is available 24/7 and will respond within 48 hours, at the following:

Hotline: +855 23 427 597 / +855 23 428 954
Email: info@cambodiainvestment.gov.kh
Website: http://www.cambodiainvestment.gov.kh


The New Law on Investment of the Kingdom of Cambodia can be viewed here:

MASSA extends its appreciation to MBCC for inviting MASSA to attend this Forum.

4) MATRADE Briefing Session on Empower Trade Association (ETA) Grant on 25 February 2022

The Malaysia External Trade Development Corporation (MATRADE) had invited MASSA and other Trade Associations and Business Chambers for a briefing session on their new incentive – the Empower Trade Association (ETA) Grant on 25 February 2022.

The ETA Grant is aimed at further enhancing and empowering Malaysia’s Trade Associations / Business Chambers in strengthening the national export ecosystem. The Grant is to provide incentives and support to the Trade Associations / Business Chambers in undertaking export promotion activities for their members especially in key FTAs market targeting high tech, high value and sustainable sectors to enable more Malaysian companies to participate in the global value chain apart from exploring new markets.

YM Raja Badrulnizam Raja Kamalzaman, Director, ASEAN & Oceania Section, MATRADE who delivered the opening remarks.

Ms Nyaee Ayop, Senior Manager, ASEAN & Oceania Section, MATRADE presenting her briefing.


Key features of this Grant include: –

  • • Support for Trade Associations and Business Chambers to drive and intensify export promotion activities (such as international trade fairs & trade missions) undertaken from 14 March 2022 to 31 December 2022 (subject to change).
  • • If approved, assistance is provided in the form of (matching) grants up to 70% of the total cost or a maximum of RM500,000 (whichever is lower).
  • • The Grant targets:
    • – High Value products such as: chemicals & chemical products, building and construction materials, automotive, medical devices, oil & gas etc.
    • – High Tech products such as: electrical & electronics, ICT and aerospace
    • – Promoting sustainable-related products & services and those adopting a sustainability agenda
  • • The expected KPI of the Grant is not less than RM400 per RM1 spent.

For further details you may contact: The Secretariat, Empower Trade Associations (ETA) Grant, Level 11, East Wing, Menara MATRADE, Jalan Sultan Haji Ahmad Shah, 50480 Kuala Lumpur.

Group photos of the participants:

5) Webinar on Lao PDR: “Laos – Multi-Modal Transport Hub for ASEAN under RCEP & the Laos – China Railway” held on 6 April 2022

The Webinar on Lao PDR: “Laos – Multi-Modal Transport Hub for ASEAN under RCEP & the Laos – China Railway” held on 6 April 2022 was jointly organised by Malaysian South-South Association (MASSA) with Malaysian Business Chamber Lao PDR (MBCL), the Embassy of Malaysia in Lao PDR and the Expertise Resource Association (ERA).

The Laos – China High Speed Railway is a timely logistical infrastructure that will bring improved connectivity and new trade linkages to the ASEAN trade bloc and the wider Asia-Pacific region, which is timely as the Regional Comprehensive Economic Partnership (RCEP) – the world’s largest free trade agreement is set to be ratified for most of its 15 members in 2022. All ASEAN countries are signatory to the RCEP.

This webinar was aimed at introducing the Laos – China Railway, the arising incentives from Lao PDR and the resultant business opportunities of the logistical infrastructure.

This webinar garnered 120 participants from Malaysia, Laos, Cambodia, Vietnam, Thailand, Singapore and other countries, comprising of mostly business owners and practitioners in the logistics and transportation industry.

The programme of this webinar was as follows:


The webinar began with opening remarks from the respective leadership of MASSA and MBCL.

Tan Sri Azman Hashim
the President of MASSA giving his opening remarks.

Mr Tee Chee Seng,
the President of MBCL, giving his opening remarks.


Following on was the opening remarks delivered by the Ambassador of Malaysia to Lao PDR.

H.E Ambassador Mohd Aini Atan,
the Ambassador of Malaysia to Lao PDR, delivering his opening remarks.

The webinar proceeded with an introduction to the Laos – China Railway, the Government of Lao PDR’s policies to facilitate the emerging trade and investment opportunities arising from the ratification of RCEP.

Ms Reshma Yousuf,
Charter Member, Chartered Institute of Logistics & Transport (CILT) and
Founder & Managing Director of CLLB Sdn Bhd was the moderator of the session.

Mr CK Stronger,
introduced the Laos – China Railway.
H.E Ambassador Mohd Aini Atan,
presented on the opportunities in Laos for Malaysian businesses.
Mr Tee Chee Seng,
presented on the Economic Opportunities under RCEP and Regional Connectivity.

Following on was the Member’s Session with panel speakers comprising of practitioners involved in the logistics and transportation sector, followed by panel discussion session with Ms Reshma Yousuf once again as the moderator.

Mr Lim Chee Khiang, Country Head, Tan Chong Motor (Lao) Co Ltd.


Mr Andy Ooi, CEO, OAS Global Logistics (M) Sdn Bhd.

Mr Casio Choi, Assistant General Manager, KART Logistics Group.

Panel Discussion and Q & A Session:
From left-to-right (clockwise): Mr Casio Choi, Ms Reshma Yousuf,
Mr Andy Ooi, H.E Ambassador Mohd Aini Atan, Mr CK Stronger (middle),
Mr Lim Chee Khiang and Mr Tee Chee Seng.

The key highlights:

Mr Lim Chee Khiang shared that the Railway will generate significant spin-off effects that would the augur well for the development of supporting sectors that include hotels, F&B, logistics, tourism, agriculture and industrialisation for Lao PDR.


Mr Andy Ooi gave his insights on the various modes of transportation to move freight cargo. Traditionally, sea freight has been the most efficient mode of transport. He highlighted that the establishment of the Laos – China Railway can provide an alternative route that is not only cost effective, but also helps reduce the transit time especially when the custom procedures are harmonized.


Mr Casio Choi highlighted that the railway provides another alternative transportation mode to complement sea freight, air freight and land freight by trucks. The railway will enable more cost effective and time effective cargo movement across borders.

After the discussions and Q & A session, the webinar ended with closing remarks by the leadership of ERA.
Mr Wong Lian Kee,
President of ERA, giving his closing remarks.

Group photo of the role-players at this webinar: