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.

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.

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.

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

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.