ENGAGING US
Experience the versatility and specialty of our legal services with our three (3) practice groups
- Corporate Commercial
- Financial Services
- Dispute Resolution
Our Services
Defining Legal Solutions
Corporate Advisory
Our expertise includes advisory, consulting, and transactional advice which we HAEME advises local and international funds, investment banks, multinational organisations, public listed companies, small and medium industries (SMEs) and start-ups on corporate transactions in Malaysia and Southeast Asia region.
Amongst our services:-
- General corporate legal advisory involving Malaysian laws and foreign laws in the Southeast Asia region.
- Advisory and assistance on the Initial Public Offerings (IPO).
- Advisory on company restructurings involving credit arrangements and corporate restructuring.
- Advisory and representation on merger and acquisition transactions.
- Advisory on corporate governance and compliance with relevant authorities.
- Preparation of diverse types of corporate agreements and documentation.
Commercial Advisory
HAEME possesses the commercial knowledge that is essential to the drafting and negotiation of contracts and other agreements aimed at managing risks as well as providing its clients with advisory and evaluation of commercial and legal risks and concerns that will affect deals and transactions.
Amongst Our Services:
- Commercial contract drafting and negotiation.
- Advisory on foreign investments inside and outside Malaysia.
- Advisory on joint venture and collaboration arrangements.
- Tenancy and leases.
- Service level agreements.
- Contracts for independent contractors and freelancers.
- Licensing and regulatory approvals.
- Consumer protection.
- Product liabilities.
Merger & Acquisition
HAEME covers a comprehensive range of services, including representation in local and regional deals, formulating, negotiating, and implementing a wide range of acquisition transactions for buyers and sellers across many industries, including solicited and unsolicited transactions, stock-for-stock (and cash and stock combination) acquisitions, spin-off transactions and other divestitures, and acquisitions of majority and minority interests.
Amongst Our Services:
- Merger and acquisition of private and public companies in Malaysia and the SEA region.
- Conducting legal due diligence exercises.
- Mandatory and voluntary general offers.
- Demerger between companies.
- Asset sales and purchases.
- Private equity and recapitalizations.
- Special purpose acquisition company (SPAC).
Initial Public Offering (IPOs) & Equity Capital Market
HAEME has extensive experience on initial public offerings (IPO) matters pertaining to the Main Market, ACE Market and LEAP Market at Bursa Malaysia Securities Berhad.
HAEME is also well-versed on various equity capital markets exercises and provides legal advisory to our clients, including rights issue, bonus issue, private placement exercises, issuance of diverse types of preference shares, Employees’ Shares Option Schemes (ESOS), and recurrent related party transactions.
Amongst Our Services:
- IPO on the Main Market, ACE Market, and LEAP Market at Bursa Malaysia.
- Debt/Equity swaps.
- Equity-linked securities, including convertible & exchangeable bonds.
- Private placements & registered transactions.
- Rights offerings.
Debt Capital Markets
HAEME has vast experience with structuring, documenting, executing, and advising on a comprehensive range of transactions and products, including corporate debt issuances, retail debt instruments, and perpetual instruments.
Amongst Our Services:
- Domestic debt securities offerings including medium-term notes, commercial papers, zero-coupon securities, interest/profit-bearing securities, project bonds/sukuk, bank capital instruments, private placements, rated or unrated bonds/sukuk, structured covered bonds/sukuk, under both conventional and syariah principles.
- Bond & Sukuk issuances.
- Convertible & exchangeable securities.
- Structuring transactions, conducting legal due diligence, and drafting transaction documents and information memorandum, for either a bullet or one-off bonds/sukuk issuance or issuance under bonds/sukuk program.
Energy, Infrastructures & Projects
HAEME helps clients to incorporate and develop innovative technologies to enable their business strategies, with a wide experience in industry growth sectors such as fintech, insurtech, e-payment systems compliance and licensing, the adoption of disruptive technologies, cybersecurity issues, digital media regulatory issues, software licensing and intellectual property issues, and digital taxation, among others.
Amongst Our Services:
- Content licensing, production, acquisition, and distribution deals, including mobile applications, games, music recordings, television programming, film and content distributed over the internet.
- Merchandising, marketing, advertising, and promotional agreements.
- Copyright and trademark permissions.
- Fintech, Insurtech, and artificial intelligence.
- E-sports and online gaming.
Technology, Multimedia & Telecommunication (TMT)
HAEME helps clients to incorporate and develop innovative technologies to enable their business strategies, with a wide experience in industry growth sectors such as fintech, insurtech, e-payment systems compliance and licensing, the adoption of disruptive technologies, cybersecurity issues, digital media regulatory issues, software licensing and intellectual property issues, and digital taxation, among others.
Amongst Our Services:
- Content licensing, production, acquisition, and distribution deals, including mobile applications, games, music recordings, television programming, film and content distributed over the internet.
- Merchandising, marketing, advertising, and promotional agreements.
- Copyright and trademark permissions.
- Fintech, Insurtech, and artificial intelligence.
- E-sports and online gaming.
Franchising & Licensing
HAEME assists start-ups, regional, national, and international franchisors, brand owners and investors, and licensors, as well as sub-franchisors, multi-unit franchisees, and other businesses, on a wide range of matters, including structuring, acquiring, and selling individual franchise locations and entire franchise systems.
Amongst Our Services:
- Record keeping system requirements and best practices.
- Restructuring of the franchising system and structure.
- Franchise sales compliance, handling disclosures of co-applicants, handling checks and payments, avoiding inadvertent misrepresentations and financial performance representations, avoiding encroachments, actively tracking territorial grants, rights of first refusals.
- Documenting the franchisor’s performance of its contractual obligations, the dos and don’ts of documentation and record creation and management.
- Prohibited practices, franchisee compliance, notice requirements, the required contents of a proper notice, additional persons who should be notified.
- Compliance with franchise laws.
Real Estate & Conveyancing
Additionally, HAEME regularly advises corporate and individual clients on real estate transactions, including sales and acquisitions of real and private property, residential, commercial developments, and tenancies as well as sub-sale transactions for both landed and non-landed properties and mixed developments.
Amongst Our Services:
- Sale and Purchase Agreements.
- Transfer of Property.
- Perfection of Transfer and Charge.
- Discharge of Charge.
- Deed of receipt and reassignment.
- Settlement Agreement (Transfer of Properties and Shares).
- Application of Consent – State Governments, low-cost and foreigners.
- Rental and Leasing.
Anti-Competition Advisory
Competition and antitrust law is relatively new in Malaysia. The application and the workings of the law within the business community is growing. HAEME has a strong record of accomplishment in advising clients and litigating claims under the antitrust and competition laws in Malaysia.
Amongst Our Services:
- HAEME handles cases on a broad range of issues, including restrictions on distribution, price fixing, bid rigging, market allocation, group boycotts, refusals to deal, tying arrangements, price discrimination, resale price maintenance, and joint purchasing/buying cooperatives
- Advisory on the compliance on the Malaysia’s competition law on merger and acquisition exercises
- Premerger notifications and related investigations.
- Structure and implement pricing and distribution plans, joint ventures, and other transactions in compliance with antitrust laws
- Exemption for anticompetitive agreement under the Competition Act 2010
Personal Data Protection Advisory
HAEME advises on the applicability of personal data protection laws and the policies and procedures to be put in place pursuant to the personal data protection laws as well as development of training programmes to fulfil the personal data protec
Amongst Our Services:
- Data privacy and security assessment and preparedness.
- Data breach investigation and response.
- Data privacy and security policies.
- PDPA and GDPR policies.
- Cross-border data transfers and data protection.
- Compliance policies and procedures.
- M&A due diligence involving data privacy and security.
Conventional Banking & Finance
HAEME provides services across all areas of transactions and products in banking and finance such as advising corporate clients in the banking and finance industry on project financing such as private equity funding for energy projects and financing for developers' projects.
Amongst Our Services:
- Bonds, loan notes, securitisation, private debt securities, capital market instruments and derivatives.
- Infrastructure, project, and asset financing, including highway, telecommunications, and high technology projects.
- Both cross border as well as domestic syndications in foreign and local currencies and financing, ship and aircraft financing including purchase of ships and aircrafts, mortgages of ships and aircrafts and leveraged leasing.
- Offshore loan transactions in foreign currencies including acting as local legal counsel in such transactions.
- Suppliers’ credit documentation and trade financing.
- Financing for real estate properties.
Islamic Banking & Finance
HAEME is skilled in the dual disciplines of Islamic finance and conventional finance, and this enhances the Firm’s breadth and depth of advice.
Amongst Our Services:
- Deal structuring, due diligence, formulation of concept papers, identification of Shariah parameters, risk identification and documentation.
- Islamic bonds and sukuks.
- Islamic capital market instruments.
- Islamic project financing.
- Islamic finance product development.
- Islamic funds including offshore funds, partnership funds, and venture capital funds.
- Islamic equity and quasi-equity instruments.
Private Equity & Venture Capital
HAEME advises on transactions involving private equity and venture capital funds which include fund formation, deal structuring, financing, and exit strategies.
Amongst Our Services:
- Sovereign wealth funds.
- Entrepreneurs seeking funding.
- Venture capitalists.
- Business angels.
- Private equity houses.
- High-net-worth individuals and entities.
- Management teams.
- Small independent fund managers.
- Debt providers.
General Litigation
HAEME concentrates on the aspect of general litigation given the Firm’s deep substantive expertise in the legal, strategic, and practical issues presented in modern complex litigation.
Amongst Our Services:
- Contractual disputes.
- Tort disputes.
- Judicial reviews.
- Claims in defamation suits and fraud.
- Medical malpractice.
Corporate Litigation
HAEME regularly advises, strategizes, and negotiates in corporate disputes, boardroom tussles, and general business disputes in contentious corporate litigation particularly in the areas of shareholder disputes, hostile take-overs, and minority actions.
Amongst Our Services:
- Various experience in the enforcing of rights under shareholders’ agreement and initiating/defending proceedings concerning oppression of shareholder and mismanagement of company’s affairs.
- Actively involved in diverse proceedings relating to the recently introduced Insolvency Act.
- Shareholders´ Disputes.
- Directors’ and Officers´ Liability Claims.
- Minority Shareholders´ protection.
- Pre-Emption Remedies.
- Breach of fiduciary duties.
Corporate Restructuring & Insolvency
HAEME advises on the structure and implementation of debt restructuring schemes by providing legal support throughout intensive negotiations with creditors, assisting in the formulation of strategies for restructuring and implementation of such schemes.
Amongst Our Services:
- Turnaround and Restructuring.
- Strategic Advice to Lenders and Borrowers.
- Services related to Insolvency Appointments.
- Scheme of Arrangements and Reconstructions.
- Corporate Voluntary Arrangement and Judicial Management.
- Voluntary and Mandatory Liquidations.
- Receiverships.
Banking Litigation
HAEME has extensive experience in banking litigation ranging from debt recovery matters to complex syndicated loan disputes, including enforcement of securities. HAEME also undertakes advisory and litigation work related to banking, financial and securities institutions, and acts for them in both claims by and against them.
Amongst Our Services:
- Traditional retail and corporate credit facilities, syndicated loans, Islamic financing, trade facilities, performance guarantees, and share margin facilities.
- Hire purchase and leasing.
- International trade and finance, foreign exchange transactions, financial derivatives, bills of exchange.
- Private debt securities.
- Stockbroking transactions including trading and margin account transactions.
Debt Recovery
HAEME has experience in providing legal advice and litigation services in relation to debt recovery and execution of judgment debts including the out of court attempt and court proceedings and the utilization of all available means offered under the law by HAEME for the recovery of the debts.
Amongst Our Services:
- Conducting background search against the debtor.
- Issuing Letter of Demand.
- Negotiating settlement with the debtor.
- Initiating/defending legal action in Court.
- Enforcing judgment debts.
- Representing and defending clients in bankruptcy proceedings and winding-up proceedings.
Employment & Industrial Relations
HAEME advises on HR-related operational matters that directly impact the businesses of our clients, providing support on internal and external communication. HAEME provides a full range of legal services in both contentious and non-contentious employment law issues for employers from corporations, multinationals, local and international banks and financial institutions, government agencies and local companies.
Amongst Our Services:
- Remuneration, workplace restructuring and reorganization, labor,
- Assist multinational corporates in drafting and reviewing employment contracts and manuals.
- Alternative dispute resolutions mechanism for employment & industrial relations matters where amicable solution is essential in maintaining good working relationship between employers and employees.
- Corporate restructuring.
- Internal corporate investigations of unlawful termination and unfair dismissal claims.
Tax Dispute
HAEME regularly advises individuals and companies on tax disputes with the authorities, the Inland Revenue Board, and the Royal Malaysian Customs Department and handle disputes relating to tax appeals at the Special Commissioner for Income Tax, High Court and Court of Appeal.
Amongst Our Services:
- Alternative dispute resolution with the tax authorities.
- Judicial review on tax imposition by the IRB.
- Disputes on corporate and income tax.
- Labuan business activity tax.
- Sales tax, service tax, customs duties and other indirect taxes including tax litigation before the Customs Appeal Tribunal.
- Tax audits and tax investigations.
- Tax law advice for merger and acquisition exercises, joint ventures and corporate reorganizations, capital markets instruments and transactions.
- Tax treatment of land and development activities.
Arbitration
HAEME acts in numerous domestic and international arbitration proceedings in diverse areas of infrastructure development, corporate disputes, and contracts in the area of construction and engineering, information technology, and domestic and cross-border investments.
Amongst Our Achievements:
- Advised and represented a piling contractor in arbitration proceedings against the developer of a condominium in Kuala Lumpur for wastage cost due to unforeseen adverse physical condition of the site amounting to RM3.2 million and opposing a counterclaim for back-charges in the sum of RM2.9 million.
- Represented a public listed company in a joint venture dispute against a company from Jeddah.
- Represented a construction claim of RM100 million with a Kuala Lumpur seat under the AIAC Arbitration Rules.
- Represented a claim in excess of RM350 million arising out of a concession agreement involving terminal facilities with a Kuala Lumpur seat under the AIAC Arbitration Rules.
Adjudication
HAEME regularly advises and acts for leading national and multi-national clients in disputes concerning complex construction projects relating to power (hydrothermal and renewable), oil and gas (on-shore and off-shore), industrial plants, ports, pipelines, roadways, and buildings.
Amongst Our Achievements:
- Represented contractor company for matters in relation to its disputes with the local authorities regarding the unlawful termination of a construction contract to build a multi-storey car park building for the contract sum of RM50.1 million.
- Represented a construction company for claims for final account under a PAM 2006 contract for a 14-floors service apartment, and defense against a set-off of rectification costs.
- Represented a contractor company for claims for progress payments where the architect had failed to issue interim payment certificates under a PAM 2006 contract and defend the main contractor’s counterclaim of liquidated damages.