LEGAL TRAINING PROGRAMS MALAYSIA
EFFECTIVE CONTRACT MANAGEMENT
DEBT RECOVERY “The Sure Way”
SEXUAL HARASSMENT AT THE WORKPLACE ‘ Latest Developments”
FUNDAMENTALS OF BUSINESS LAWS FOR NON-LEGAL MANAGERS
CORPORATE LIABILITY ON CORRUPTION
PURCHASING CONTRACTS
MASTERLY SKILLS in NEGOTIATING PURCHASING CONTRACTS
DRAFTING COMMERCIAL CONTRACTS AND SERVICE AGREEMENTS & UNDERSTANDING COMMERCIAL LANGUAGE NUANCES
A GUIDE TO MANAGING AND NEGOTIATING COMMERCIAL CONTRACTS
The aim of this seminar / workshop is to share all the relevant principles and law related to effective contract management, so as to give it a logical base for all those are who are entrusted with the responsibility of managing contracts in their organizations. One of the highlights in this seminar will be the topic of the Covid-19 Pandemic and how it may have affected various contracts and to what extend if any. This course encourages the participants to be efficient and smart in their choice of words and more importantly the terms, when managing their contracts.
By attending this program, organizations and their staff will be well versed with their legal rights in the Law of Contract which is applicable in their everyday working lives, especially the procurement department and they will be able to work more independently, but in the right mode, ensuring zero legal liabilities for their organizations.
Our motto is:-“Get it right in the Boardroom and keep out of the Courtroom”
By attending this programme you will:
- Get-to-grips on understanding contractual terms and their impact on businesses
- Expand your knowledge of the risk in liability clauses
- Master practical knowledge of contents of agreements
- Examine specific clauses and their use
- Learn how to interpret variations and time of essence clauses
- Clarify essential terminology in commercial contracts
- Get up-to-date with the use contractual liability clauses and indemnities
- Understand the effect of exclusion and limitation clauses and how they can be used to manage your exposure
- Understand how the limits on liabilities
- Understand how Boiler Plates work
Learn at least 10 different methods that can be used for Debt Recovery.
The main aim of this session is to ensure that the participants are able to get a good grasp of the Debt Recovery Skills and improve themselves by acquiring the right tools, in order to continuously upgrade themselves and achieve the targets / goals set by their organization.
The participants will be looking into credit management by analysing their clients and the various types of organizations that they are dealing with. The common issues faced by the Finance, Sales and Credit Control team will also be addressed here.
For those participating in collection, they will be equipped with the right tools, techniques and professional skills needed to collect effectively and by design, rather than by default without losing the customer while building a lasting customer relationship and opportunity for future business relationship.
Improve your Collection Index by enhancing your Collection Style. Learn at least 10 different methods that can be used for Debt Recovery.
AFTER ATTENDING THIS COURSE, YOU WILL RETURN TO YOUR JOBS…
- Learning at least 10 Effective Ways to Recover your Debts
- Understanding proven techniques in credit evaluation and risk assessment
- Being able to investigate the credit worthiness of your clients
- Able to Analyze yourself and your clients for successful collection actions
- Learning to use the best communication skills and styles in Debt Recovery
- Learning workable collection techniques (legal and non-legal) to maximize your debt recovery
- Understanding the legal procedures involved in debt recovery; obtaining judgment and enforcing judgment which will help in debt recovery
“Latest Developments”
Sexual harassment is a type of harassment involving the use of explicit or implicit sexual overtones, including the unwelcome and inappropriate promises of rewards in exchange for sexual favours. Sexual harassment includes a range of actions from verbal transgressions to sexual abuse or assault.
The Anti-Sexual Harassment Act 2021 is noteworthy for being the first stand-alone Malaysian legislation that specifically addresses sexual harassment.
This follows some 10 years of legislative drafting and consultation among the relevant stakeholders, and around 30 years of activism by civil society lead by women’s groups.
AFTER ATTENDING THIS PROGRAM, THE PARTICIPANTS WILL…
- Understand what is Sexual Harassment behaviour and take steps to prevent it
- Understand the procedures for complaints of Sexual Harassment
- Create Sexual Harassment awareness in the workforce
- Be able to adopt a policy on Sexual Harassment
- Understand the punishment for Sexual Harassment
- Get to know the new provisions in the Anti-Sexual Harassment Act 2021
The aim of this seminar / workshop is to share the relevant principles and laws related to an organization’s conduct of their business, so as to give it a logical base for all those who are entrusted with the responsibility of managing various business transactions, regulations and dealings in their organizations. This course encourages the participants to be efficient and smart in their choice of clients, words and importantly the terms in their business contracts, and to ensure that certain standards are met to uphold the integrity of their organization
By attending this program, the participants will be well versed with their legal rights in Business Laws, which is applicable in their everyday working lives. This program is applicable to personnel from all departments in any organization, and they will be able to work more independently, but in the right mode, ensuring non-liability for their organizations.
By attending this programme you will:
- Get-to-grips on understanding clauses and terms in business laws
- Ensure standards are met to maintain integrity within the organization
- Learn to examine the background of prospective clients
- Master practical knowledge of contents of business agreements
- Examine specific clauses and their use
- Learn how to interpret the various clauses / terms in business contracts
- Expand your knowledge of the risk and liability for your organization
- Clarify essential terminology in commercial / business contracts
- Get up-to-date with the developments in business laws affecting your organization
- Understand the effect of exclusion and limitation clauses and how they can be used to manage your exposure
- Understand the limitation periods for legal action
- Get to know the various methods of legal action in Malaysia
‘HOW READY IS YOUR ORGANISATION TO SAFEGUARD ITS DIRECTORS, PARTNERS, TOP MANAGEMENT AND PERSONNEL AGAINST A CORRUPTION PROSECUTION?’
The 2018 Malaysian Anti-Corruption Commission (Amendment) Act (that is MACC [Amendment] Act 2018) has been passed in Parliament and gazetted on 4 May 2018.
The main thrust of this Act is to introduce a new far reaching corporate liability provision (the “Provision”) into the existing MACC Act 2009. The amendments introduce a new Section 17A, which provides that “a commercial organisation commits an offence if any person associated with the commercial organisation commits a corrupt act in order to obtain or retain business or advantage for the commercial organisation”.
If an offence is committed by the commercial organisation, the law will deem certain persons in the organisation to have also committed that offence.
Ministerial Guidelines have been issued, in line with the amendments, to assist commercial organisations develop “Adequate Procedures” to address Section 17A. A moratorium period has been accorded before Section 17A takes effect on 1 June 2020.
The penalties, upon conviction, may entail a fine of not less than ten (10) times the value of the gratification or RM1 million, whichever is higher, and/or a jail sentence not exceeding twenty (20) years. In view of the hefty penalties, it is crucial for Directors, Partners and Management to have systems in place to demonstrate diligence in preventing such offences.
This seminar aims to introduce the new Provision and its implications to companies (local companies as well as foreign companies having business in Malaysia) and partnerships (unlimited as well as limited, carrying on business whether in Malaysia or elsewhere), their Directors, Partners and Management.
The main focus is on the implication of the Provision, the extent of its coverage, the “lines of defence” available to those charged with governance (that is the Directors, Partners and Management) and an overview of the Ministerial Guidelines. Case studies will be discussed to elucidate the implication of this Provision to better prepare stewards of organisations for compliance. In summary:
- Understand the rational for the new S.17A Corporate Liability Provision;
- Familiarised with the key features and implications to commercial organisations, Directors, Partners and Management
- Be apprised of the lines of defences available to Directors, Partners and Management to prove diligence preventing offences envisaged in the Provision;
Understand the ‘Adequate Procedures’ needed to safeguard the organisation and those charged with governance in line with the Ministerial Guidelines and also the necessary policies to be implemented in your organization.
In today’s highly competitive and cost-conscious environment, knowing how to write commercial contracts including Business, Supply and Sales Contracts is an important part of business activity. It is vital that contracts be aligned with business expectations as if it is not written as needed, the contract will fail to perform. It is important to translate the business deal into contract concepts using proper contract writing techniques and rules.
It requires legal and Non-professionals to be well versed with the writing techniques of commercial contracts to foresee the risk and balance the risk allocation and have analytical thinking to handle contracts in the best interest of their organization.
This seminar empowers the attendees to understand the universal strength of writing rules of contracts and move through the contracts. The attendees will also get Macro-Organisational Tips on writing and organising the contracts. The attendees will be able to write the context of the contract in an efficient legal framework.
This seminar is for any professional who wants to learn and understand the writing of these types of commercial contracts.
Upon the completion of contract writing, the attendees are able to
- Better discuss the contract negotiating and understand the rules of contract drafting;
- Understand how to write out clauses using the correct language nuances to make contracts better protected
- Set up the Agreement as a whole showing the movements in the different segments of the contract collectively and individually;
- Write into contracts the different types of conditional clauses and exceptions, Carve-outs and Triggering Events to prevent the obligation from breach of non-performance;
- Identify the unfair conditions of contracts and how to write it better using contract writing rules
- Safeguard the contract from being nullified by using the right type of recitals and attendees will learn how to write out the contents, presentation and observe the rules relating to proper recitals;
- Improve accuracy; reduce ambiguity and vagueness.
- Understand the legalese words used in obligations and the meaning they carry in the contracts including the preference for words used in negotiations; words used in reference to the whole contract and preference for interpretation which gives terms effect;
- Use Best practice rules for Warranties and Disclosures as allocation of risk in the contract;
- Write out Indemnities with the relevant wording which improves the mechanism of the indemnity;
- Understand the effect of limiting or elimination consequential liability and how to write consequential liability which will benefit your organisation;
- Understand the relationship of Penalty clauses and the courts stand on this;
- Drafting Guidelines given for clauses
- Understanding the words used in different transactions
- Deriving the best out of precedent clauses and agreements
- Gain confidence in identifying issues in precedent and making revisions
- Drafting with clarity and conciseness
- Understand the correct and wrong versions in clauses especially when using directly from precedents
- Learning how to critically review contract provisions
- Learn to evaluate similarities and differences of related provisions
- Learning the language of contracts through commonly occurring word combinations
In today’s highly competitive and cost-conscious environment, understanding commercial contracts is an important part of business activity. Over 85% of business transactions are governed by contracts and hence it is necessary that contracts be aligned with business expectations. It requires Legal and Non-professionals to be well versed with the contents of commercial contracts and expertise to foresee the risk and have futuristic thinking to handle contracts in the best interest of their organization.
Business contracts are a lifeline for any organisation’s profits. Through such contracts, the money will flow. If the contract is not carefully negotiated, prepared and managed, the organisation can be exposed to risks with costly contractual disputes and financial losses.
This seminar is for any professional who wants to learn how to negotiate and manage a contract effectively. This would include individuals who have no experience, but want to learn the fundamentals, as well as those who have or will have a job that directly involves dealing with commercial contracts.
- Learn and understanding the various contractual terms and their impact on businesses
- Scrutinize specific clauses and their use in your contracts
- Become proficient in your knowledge on the risk in liability clauses
- Learn how to interpret variations and time of the essence clauses
- Comprehend essential terminology in commercial contracts
- Know the importance of safe commercial contracts for your organization
- Understand the effect of exclusion and limitation clauses and how they can be used to manage your exposure
- Understand how Boiler Plates work
- Maximize their effectiveness when negotiating in strategic, tactical, telephone and face-to-face contract issue-based situations
- Increase profits through well-planned and well-executed collaborative negotiations
- Minimize conflict and deadlocks by providing participants with the skills necessary to handle win-win negotiations
- Recognize the important role of negotiation in developing a solid contract and the implications of failing to do so
“Rights and Liabilities of Vendors & Purchasers”
The aim of this seminar / workshop is to share all the relevant principles and law related to purchasing contracts. so as to give it a logical base for all those are who are entrusted with the responsibility of managing purchasing contracts in their organizations.
Vendors and Purchasers in all organizations are always working hard to get the best terms and conditions when negotiating a purchasing contract. But one has to understand that there are rules and regulations in Malaysia pertaining to purchasing contracts which must be adhered to.
By attending this program, organizations and their staff, especially from the procurement department will be well versed with their legal rights in the formation of Purchasing Contracts which is applicable in their everyday working lives.
At the end of the program, participants will be able to:
- Have a better understanding of what a purchasing contract should entail
- Be in a secure position when negotiating a purchasing contract
- Read and understand a purchasing contract to a larger extent
- Determine the types of clauses that would be beneficial or detrimental for the vendor & purchaser
- Be in a better bargaining position as you will understand every step taken in concluding a purchasing contract
- Take summary action for goods which do not fulfill the contractual requirements
- Have a good understanding of the Sale Of Good Act in Malaysia and how it affects Purchasing Contracts
The aim of this seminar / workshop is to share all the relevant principles & law, and negotiations related to purchasing contracts so as to give it a logical base for all those who are entrusted with the responsibility of negotiating and managing purchasing contracts in their organizations.
Vendors and Purchasers in all organizations are always working hard to get the best terms & conditions and cost when negotiating a purchasing contract. But one has to understand that there are rules and regulations in Malaysia pertaining to purchasing contracts which must be adhered to in all negotiations.
By attending this program, organizations and their staff, especially from the procurement department will be well versed with their legal rights in the formation of Purchasing Contracts which is applicable in their everyday working lives thus making their negotiations more sucessful.
At the end of the program, participants will be able to:
- Have a better understanding of what a purchasing contract should entail
- Be in a secure position when negotiating a purchasing contract
- Read and understand a purchasing contract to a larger extent
- Determine the types of clauses that would be beneficial or detrimental for the vendor & purchaser during the negotiation
- Be in a better bargaining position as you will understand every step taken in concluding a purchasing contract
- Acquire good negotiation skills relevant for securing a beneficial contract for your organization
- Have a good understanding of the Sale of Good Act in Malaysia and how it affects Purchasing Contracts
