Take-overs and mergers in Malaysia are primarily regulated by the Malaysian Code on Take-overs and Mergers and the Rules on Take-overs, Mergers and Compulsory Acquisitions. These regulations aim to safeguard the interests of shareholders, especially those of target companies, by ensuring that they receive fair and equal treatment during takeover bids. However, the strong emphasis on shareholder protection may inadvertently deter acquirers from initiating takeover transactions, thereby limiting market activity and affecting Malaysia’s competitiveness as a destination for corporate acquisitions. This article critically examines whether the existing regulatory framework poses challenges to acquirers in initiating an acquisition. It focuses on key components such as the mandatory take-over offer, compulsory acquisitions, directors’ duty not to frustrate a take-over, and deal-protection measures. The research adopts a doctrinal methodology emphasising statutory and regulatory analysis, supported by case law and policy insights, and extends its scope through a comparative assessment with Singapore to place Malaysia’s framework in a regional context. The findings suggest that while the current rules may impose certain constraints on acquirers, they also offer strategic advantages in some contexts. The article recommends the incorporation of deal protection mechanisms into the Malaysian takeover and merger rules to enhance legal clarity and certainty for all the parties involved.
The personal representative’s lack of knowledge in how to properly administer the deceased’s estate has been attributed as one of the factors of delay in distributing the deceased’s assets to the rightful beneficiaries. Thus, this paper aims to provide the guidelines to the personal representatives and the knowledge they may need in order to prepare themselves to be able to carry out their duties and obligations as the agents of the deceased. Several fiduciary duties of personal representatives are highlighted which are owed to the estate as well as to the beneficiaries. The technical process of administering a deceased’s estate, from the identification of the estate heirs and assets to the distribution of the estate, and the relevant governing laws are also discussed. This paper employs library-based research by referring to past literature including journal articles and books, recent case laws and news articles to further support its claims. The paper highlights the differences between the jurisdictions of each relevant administrative body in estate administration. Findings also show that among the essential fiduciary duties of the personal representative are the duty to avoid secret profits, the duty to render proper accounts and the duty to avoid self-dealing. In addition to further efforts to strengthen public awareness in understanding the estate administration process, the article recommends that a system be devised by the courts to determine the ability and capability of the individual applying to be the personal representative of the deceased’s estate in adequately handling the administration process before granting the letter of representation.
At present, the internet has enabled telecommunications network fraud to take on many new forms. These have shifted from one-to-one or point-to-point phone contact to large-scale, one-to-many online interactions. Within the framework of the United Nations Convention against Transnational Organised Crime, China and ASEAN have achieved initial progress in mutual legal assistance in criminal matters. However, several obstacles and conflicts remain in practice. This study uses qualitative methods and draws on legal frameworks, literature, and case materials to review the legal theories and practices of China and ASEAN in combating transnational telecommunications network fraud. The findings reveal contradictions in treaty rules, electronic evidence procedures, crime-determination standards, and mutual trust. These issues directly affect the efficiency and depth of cooperation in handling such cases. China and ASEAN Member States should respond to regional realities by improving relevant laws and treaty provisions, promoting unified standards for electronic evidence, optimising cooperation mechanisms, and strengthening mutual trust among states. These measures will support precise action against transnational telecommunications network fraud and provide a legal basis for regional security and economic cooperation.
Muslim family law occupies a central position within Islamic legal tradition, aiming to preserve family integrity, justice, and social harmony. Yet in many contemporary contexts, including Sri Lanka, existing legal frameworks continue to reflect gender-discriminatory norms rooted in historical interpretations rather than the ethical objectives of the Shari'ah. The Muslim Marriage and Divorce Act (MMDA) 1951 has been widely criticised for its provisions on minimum marriage age, women's consent, divorce, polygamy, and Quazi appointments, despite Sri Lanka's constitutional commitments and its ratification of CEDAW. This study examines whether a maq & amacr;sid alshari'ah-guided approach can provide a legitimate and principled pathway for reforming the MMDA while remaining faithful to Islamic jurisprudence. Employing a maq & amacr;sid-based qualitative doctrinal and thematic analytical approach, the study argues that certain provisions of the MMDA generate gendered disparities inconsistent with the higher objectives of Shar & imacr;'ah, particularly justice, dignity, welfare, and the preservation of religion, life, intellect, lineage, and property. It concludes that maq & amacr;sid al-shar & imacr;'ah offers a coherent normative framework for reforming Muslim family law in minority contexts such as Sri Lanka, enabling the transformation of the MMDA into a more humane, just, and socially responsive legal instrument.
