azri, lee swee seng & co. · azri, lee swee seng & co. advocates & solicitors ! 3!...

Azri, Lee Swee Seng & Co. Advocates & Solicitors

FIRM PROFILE

It is the aim of our law firm to make legal problems more

approachable and less daunting to the lay person.

Whether we like it or not, we are all, daily, treading water in a sea of

legalities. No one is spared. However, whether we have a pleasant

swim or drown in rough seas depends on how well we manage our

legal issues.

Our vision is to provide help in doing just that.

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ABOUT USThe firm of Azri, Lee Swee Seng & Co. was founded in the year 1985 by Mr.Lee Swee Seng who since then has been elevated as an Honourable Judge of the High Court of Malaya. Justice Lee Swee Seng was appointed a Judicial Commissioner of the High Court of Malaya on 1st June 2010, and then was confirmed as a judge in February 2014.

As a firm our focus is on giving very personalised yet professional service to our clients:

• in helping them conduct their business and personal affairs efficiently; • by advising and educating them on the legal environment in which they operate; • helping them to resolve conflicts that may arise in an effective and efficient

manner; • by taking action to protect and preserve their legal rights; and • obtaining the necessary remedies to the end that the cause of justice may be

With effect from 1 January 2011, the Firm merged with Messrs Azri Chuah & Yap and as a result, we have a branch office in the State of Terengganu.

This firm was established with the aim to provide focused legal solutions in our core areas of practice.

We value quality, integrity and practicality in all our dealings. We are a tenacious law firm dedicated to our profession. We take pride in providing legal services in our niche practice areas which comprise corporate & commercial law, conveyancing & banking, dispute resolution, intellectual property, technology & privacy laws.

We have developed a strong grasp of our clients’ businesses and their industries. With a combined practice years of more than a century behind us, we have acquired genuine in-‐depth knowledge of our chosen practices.

Now we know what the law is good, if one uses it lawfully.... (1 Tim 1:8)

A firm that delivers

This firm was formed with the vision of becoming the first choice law firm for its clients, associates and partners. We strive in delivering integrated legal services of outstanding quality that exceed clients’ expectations. We continue to enhance the challenges and rewarding working environment that ensures professional development and satisfaction for our associates and we want to be in a leading position that could provide and deliver a full range of legal solutions.

Each of the firm’s partners has the necessary experience to handle a plethora of legal issues, ranging from breaches of contracts to employment related problems, and from corporate commercial conundrums to intellectual property issues.


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The firm acts and represents individuals and corporations from various sectors, that include:

• Construction companies, developers and specific bodies created under statutes • Manufacturers of consumer goods, furniture, vehicles, hardware and machine

parts • Technology based companies dealing with advanced software or applications in

the field of medicine, enterprise resource planning, online applications and financial tools

• Pharmaceutical companies • Management companies that deal with luxury hotels and resorts • Corporations involved in organising, managing and producing prestigious events

in the arena of sports and entertainment • Production houses and personalities in the entertainment industry • Multi level marketing companies

We provide personalised service to our clients and support them in their endeavours wherever legal issues arise.

Blessed are the peacemakers, for they shall be called sons of God (Matt 5:9)


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SERVICES Our Practice Groups

Conveyancing & Banking

In a nutshell: Real Estate Sale & Purchase of properties -‐ residential or commercial; and the banking/financing that goes with the transaction.

The Conveyancing & Banking practice group of our firm covers all aspects of real estate transactions involving residential, commercial and industrial properties, from acquisitions to sale through courts and land offices, projects which will encompass development and management, leasing and financing of real estate.

Our team of dedicated lawyers and executives will provide you all the required advice, assistance and guidance in relation to any sale or purchase of a real estate property as well as the banking / financing issues that arise.

Corporate & Finance

In a nutshell: Deals, projects & transactions in the corporate world and the boardrooms -‐ helping you get the maximum bang for your buck.

Our Corporate & Finance Practice Group have been involved extensively in structuring financial instruments and providing advice to financial institutions / banks in a variety of prestigious projects and deals.

Our expertise covers all structured financing, banking facilities – be they based on the domestic front or overseas/offshore, margin financing, all manner and means of restructuring, listing exercises and mergers & acquisitions.

We set out below some of our major areas of experience:

• Corporate & Securities Laws • Debt and Equity Capital Markets – in particular IPOs/Initial Public Offerings,

Financing Instruments • Debt Restructuring and Schemes of Arrangements • Due Diligence Review • Hostile and Friendly Take-‐Overs • Investment Schemes • Joint Ventures Projects • Mergers & Acquisitions

Commercial Transactions

We provide legal services involving commercial issues that arise in corporations in their transactions with third parties.

The services range from drafting legal documents, giving advice or attending meetings involving different parties with differing interests or conflicting agendas. We also


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participate in negotiations to further the interests of our clients and we do give a good fight when the occasion arises.

Legal documentation include drafting, advising or perusing the following:

• Agency and distribution agreements • Manufacturing and supply agreements • Joint venture projects • Sale of shares agreements • Partnership agreements • Services contracts

Dispute Resolution & Employment

In a nutshell: Fighting your battles in the corridors of justice -‐ protecting and defending your rights.

Dispute Resolution

Everyone wants to avoid going to court, be it for a visit or worse, involved in a contentious legal suit. However, it is also a fact that no matter who you are, you would at least once in your lifetime, climb the steps to a courtroom and face the judge.

As part of our philosophy is to help you make that journey as painless as possible. We have experience at all levels of the courts in Malaysia to address your legal issues when time comes for you to fight for or defend your position.

Some of the areas where we provide our services include:

• Loan and credit recovery • Bank and customer inter-‐bank disputes • Bank guarantee and performance bonds • Enforcement of securities including debentures and land charges • Corporate and personal insolvency, as well as restructuring • Assist financially distressed corporations, secured and unsecured creditors,

officers and directors of insolvent companies • Act for clients involved in shareholder disputes, minority shareholder or

oppression actions and partnerships in dissolution • Medical negligence claims • Act for clients involved in disputes concerning land acquisitions, development of

commercial and residential properties, vendor purchaser claims, landlord-‐tenant claims, nuisance claims and any dispute involving developers and joint management bodies

• Act for clients involved in tortious claims such as professional negligence, nuisance, trespass, defamation, product liability and interference with trade or contract.

• Disputes concerning trusts and administration of trusts and estates


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Employment

Awareness of the law and prompt advice are two major contributing factors that would determine whether someone takes a flying start or come crashing down in pursuing or defending his/her rights as an employee or employer.

Some aspects of employment law practice that we are qualified to assist would involve:

• Addressing various breach of contract claims initiated by an employee • Breach of confidentiality or non-‐solicitation actions concerning an employee • Looking into claims concerning overtime payments, termination benefits and

any other statutory benefits • Unjust dismissal claims in the Industrial Court • Judicial review of employment related decisions • Disciplinary proceedings including preparing necessary communication to the

employee, conduct of domestic inquiry and related matters • Commencing actions in the High Court by way of judicial review for the purpose

of challenging awards of the Industrial Court or decisions of the Minister of Human Resources or Public Services Tribunal

Intellectual Property, Technology & Privacy

In a nutshell: Protecting your IP & tech creations, developing your IP/tech strategy and along the way, implementing your privacy policies. Intellectual Property or “IP” covers a whole range of things that we see all around us, such as trade marks, copyright, designs, patents and confidential information/trade secrets. What we do :

• Commence legal proceedings to protect your IP rights or challenge any attempts by your opponent to trample your rights in carrying out your trade legitimately.

• Agreements relating to use, exploitation, licensing, franchising or distribution of trade marks, patents, copyright, designs and trade secrets

• Disputes concerning IP issues where our involvement covers all aspects such as: injunctions, “search” or Anton Piller Orders, “seize” or Mareva Orders, raids together with the relevant Ministerial body and enforcement proceedings.

• Non-‐Disclosure or confidentiality agreements • Merchandising contracts • Music artist recording and management contracts • Publishing licences and rights • Television licensing and broadcasting rights • Advertising, marketing and merchandising agreements • Franchise and contract manufacturing agreements • Technology transfer agreements • Licensing contracts

Technology

We provide advice pertaining to the expanding virtual frontiers of cyberspace and the social media. In the ever-‐evolving fields of social media, E-‐Commerce and online transactions, we are ready to address legal issues that may arise.


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The practice in the field of Communications & Technology involves any aspect of the ‘New World’ where legal advice would be required. This could appear in many forms, namely -‐ Online ventures, Procurement and delivery of computers systems and services, Outsourcing projects, Service level agreements, Software development and design projects, Software licences and support agreements, System integration projects, Resolving cyber or domain disputes, E-‐Commerce transactions, Online banking, Social media monetization transactions and Defamation via online/social media.

Privacy & Personal Data

With the onset of Personal Data Protection Act 2012 and the strict compliance that is required under this legislation, we are one of the few firms that specialise in providing high quality advice and expertise in this area of law.

We assist by conducting a ‘privacy’ audit of our client – where we look into the overall business mechanisms and methods of the client. By appreciating what our clients do – we get a better understanding of the extent of use of any personal / private data of individuals that passes through the client’s doors everyday.

We put in place a strategy for the client – outlining the processes that ought to be put implemented, documentation to be drafted and made part of the entity’s standard operating procedures, protocols and other checklist of things to look out for, to do and to put into action.

Thus giving our clients a comprehensive protection in their use of data.


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OUR PEOPLE The Partners

The partners of our firm have many years of active and continuous practice in their relevant fields of practice.

The partners aim to provide personalised service to the firm’s clients and to support them in their endeavour wherever their assistance is called out.

Our partners are listed here.

, is the Managing Partner of the firm. He is the Partner in DATUK KENNY NG BEE KEN

charge of the Corporate & Finance practice group. Qualifications:

• Bachelor of Law (Hons), University of Wales • Master of Law, King’s College, University of London • Barrister-‐at-‐Law of Lincoln’s Inn • Advocate and Solicitor of the High Court of Malaya • Certified Mediator • Master of Science (Corporate Communication), Universiti Putra Malaysia • Associate of the Association of Costs & Executive Accountants, England

Areas of Practice & Portfolio:

• Corporate advisory • Corporate restructuring • Mergers and acquisitions • Corporate conveyancing • Corporate and legal adviser to a large Japanese corporation for its RM1.6 billion

incinerator project in Broga • Legal adviser to a large national group of companies for its RM1.2 billion

acquisition of a renowned resort in Sabah

, Partner in the Terengganu office AZRI SANI DATO’ MAZLAN Qualifications / Affiliations:

• Bachelor of Law, University of Wales • Barrister-‐at-‐Law (United Kingdom) • Advocate and Solicitor of the High Court of Malaya


• Conveyancing and all real estate/property matters • Corporate matters and company restructuring • Litigation work including debt recovery work for financial institutions


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is our Partner in charge of the Conveyancing & Banking WONG CHOONG WAI AARONPractice Group. Qualifications & Affiliations:

• Bachelor of Law, Australian National University • Advocate and Solicitor of the High Court of Malaya


• Conveyancing and all real estate/property matters • Corporate matters including legal due diligence, company restructuring, issues

of securities, capital reduction, takeovers and mergers • All other contracts and documentation including bank loans and

security documentation • Provided comprehensive proposals for restructuring, disposal of subsidiary in

Indonesia and removal from PN 4 status • Legal adviser to a group of companies in its management take-‐over of a huge

steel entity • Provided advice to a listed company for their plans of restructuring, issuance of

ICULS, capital reduction and removal from PN 4 status • Advised on the proposed MGO for shares in an established industrial/developer

company • Provided assistance in various projects/exercises involving due diligence for

proposed take-‐over, capital repayment and private placement, restructuring of debts by issuance of ICULS, proposed IPOs on the MESDAQ market,

• Acted for a client to take-‐over a controlling interest in a Second Board Company for RM23 million

• Acted for a client in the disposal of land in Cheras for RM86 million • Acted for a Korean asset management company with respect to a RM30million

investment in Malaysia Mr.Wong graduated with an LLB degree from the Australian National University in 1987 and was called to the Malaysia Bar at the end of 1988. He practiced in the area of civil litigation at the beginning of his career and slowly moved into conveyancing and corporate matters. From the position of legal assistant, he was made a partner of the legal firm of KC Yap Kamaludin & Partners in charge of conveyancing matters. He has extensive experience in conveyancing matters and has given lectures to various financial institutions as part of their internal training programme. After a short stint as legal manager in Naim Indah Corporation Berhad, a company listed on the Main Market of Bursa Malaysia, he joined the firm of Abraham Ooi & Partners, as the partner in charge of corporate matters, in the year 2004. In that firm, he handled corporate matters including corporate restructuring, takeovers and listings, which involved, inter alia, leading legal due diligence teams. From mid-‐2006 until currently, he is a partner of Azri, Lee Swee Seng & Co, and is in charge of conveyancing and corporate matters. He is a registered trademark agent, and is currently pursuing a Master of Arts degree in Biblical studies. Aaron is actively involved with his church activities and sits on various committees in church particularly lending his legal expertise in the legal and communications committee, given his more than 25 years of legal background.


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, is our Partner who heads the Dispute Resolution & Employment ANNOU XAVIERPractice Group Qualifications:

• Bachelor of Law (Hons), University of London • Barrister-‐at-‐Law of Lincoln’s Inn • Advocate and Solicitor of the High Court of Malaya

Areas of Practice:

• Various civil litigation including appellate matters in the Court of Appeal and even all the way to the apex court in Malaysia, the Federal Court

• Conducted various seminars on trial advocacy, insurance, e-‐commerce, fraud and various aspects of civil litigation

is our Partner in charge of the Intellectual Property, Technology SUARAN SINGH SIDHU& Privacy Practice Group. Qualifications / Affiliations:

• Bachelor of Law (Hons), University of London • Certificate of Legal Practice, Malaysia • LLM (LSE), University of London • Advocate and Solicitor of the High Court of Malaya • Chairperson of the Intellectual Property Committee of the Bar Council (since

2012) • Co-‐Chairperson of the Ad Hoc Personal Data Protection Committee of the Bar

Council (since 2013) • Member of Malaysian Intellectual Property Association (MIPA) • Committee Member of the Licensing Executives Society (LES), the Malaysian

Chapter Areas of Practice:

• Intellectual property – providing advise on all aspects of IP law and practice such as copyright, trade marks, designs, patents and trade secrets, including strategies in the protection, registration, enforcement and enhancement of IP rights of clients;

• Entertainment law – encompassing such matters as rights arising from works of music, films and performance of an artist

• Communications & technology – providing services in the fast paced world of computers, technology and communications, involving projects that relate to liability of publications on the Internet, online banking/payment systems, mobile applications, digital TV, online medical tourism, e-‐commerce transactions and structure, and software licence projects; and

• Privacy & Personal Data protection – providing services in relation to the Personal Data Protection Act and issues arising thereunder including compliance and enforcement.

Suaran Singh Sidhu holds an Honours Degree in Law from the University of London and Masters in Law from the London School of Economics. He has been in legal practice since 1999 when he qualified as an advocate and solicitor of the High Court of Malaya. He is a partner of Messrs Azri, Lee Swee Seng & Co., where he handles cases and projects involving intellectual property, information technology, commercial law and personal data protection.


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He also advices on legal matters in the fields entertainment, media and communications. He actively gives talks, participates in forums and writes papers in his chosen fields of expertise.

, Partner ROBIN LIM FANG SAY Qualifications:

• Bachelor of Law (Hons), University of London • Certificate of Legal Practice, Malaysia • Diploma in Shari’ah Law & Practice (DSLP) • Advocate and Solicitor of the High Court of Malaya

Areas of Practice:

• Various civil litigation including appellate matters in the Court of Appeal and even all the way to the apex court in Malaysia, the Federal Court

• Litigation (both banking and non-‐banking) suing for breach of contract, charge actions, loan recovery and bankruptcy

, Partner TAN TZAI MUN, BRANDON Qualifications:

• Bachelor of Law (Hons), Oxford Brookes University • Certificate of Legal Practice, Malaysia • Advocate and Solicitor of the High Court of Malaya

Areas of Practice:

• Various area of litigation (including but not limited to the fields of Family, Criminal, Civil, Banking and Will & Probate)

• Conveyancing in relation to real estate/property and corporate matters • Advisory work in general areas of law


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OUR PEOPLE The Associates

We are proud to have a dedicated force of Associates who work tirelessly to assist the cause of a client.

Our Associates are listed below alphabetically (on first name basis) with their respective area(s) of practice:

IRENE KAM

Qualifications:

• Bachelor of Law (Hons), University of London • Certificate of Legal Practice, Malaysia • Advocate and Solicitor of the High Court of Malaya

Practice Group:

• IP Tech & Privacy

JACQUELINE TEH LAI FONG

Qualifications:


Practice Group:

• Conveyancing & Banking

NITHIYAWATHI SUBRAMANIAM

Qualifications:


Practice Group:

• Dispute Resolution & Employment


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STEPHANIE ANNE ABRAHAM

Qualifications:

• Bachelor of Law (Hons), University of Tasmania • Certificate of Legal Practice, Malaysia • Advocate and Solicitor of the High Court of Malaya

Practice Group:

• IP Tech & Privacy

SUHAIDA BINTI MOHD ESA

Qualifications:

• Ijazah Sarjana Muda Undang-‐Undang • Universiti Islam Antarabangsa Malaysia • Advocate and Solicitor of the High Court of Malaya


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CLIENTELE & PROFESSIONAL INDEMNITY Some Financial Institution Clients Full Panel:

• RHB BANK BERHAD

• STANDARD CHARTERED BANK MALAYSIA BERHAD

• PUBLIC BANK BERHAD

• ALLIANCE BANK MALAYSIA BERHAD

• BANK ISLAM MALYSIA BERHAD

Some Developer Clients

• IOI GROUP

• F & N GROUP

• PRINSIPTEK (M) BHD

• MALTON BERHAD

• HR UNITED GROUP Professional Indemnity Our Firm has a professional indemnity cover under the Bar Council Scheme brokered by Jardine Lloyd Thompson Sdn Bhd and Allianz General Insurance Company (Malaysia) Berhad for a professional indemnity coverage of RM3,000,000.00 for each and every claim and RM2,200,000.00 in total aggregate.


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CONTACT US

MAIN OFFICE

Unit 210, Level 2, Block A,

Pusat Dagangan Phileo Damansara II,

Jalan 16/11, Off Jalan Damansara,

46350 Petaling Jaya, Selangor

Email: [email protected]

Telephone: +603 7932 3663

Fax – Conveyancing / Corporate: +603 7932 2098

Fax – Litigation / IP Tech: +603 7932 3098

TERENGGANU OFFICE

28A (3rd Floor), Jalan Sultan Mahmud, 20400 Kuala Terengganu, Terengganu

Telephone: +609 631 6211

+609 631 3211

Fax: +609 631 8976

Please visit our website for more information about us, our practice, the services we offer, updates on the law and developments in the relevant areas of practice.

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azri, lee swee seng & co. · azri, lee swee seng & co. advocates & solicitors ! 3!...

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