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LEGAL AND YOU

We understand that at different key stages of your business development you will have different legal needs. Our online legal document service is here to help you address those needs with confidence.


DOING BUSINESS

We recognise that not all business owners know the risk they undertake in the running of their daily business. The documents you use may or may not be enforceable by law and you run the risk that when something goes wrong you are left with an uphill task of enforcing your rights.

Our online legal document services for business is designed to reduce some of this uncertainty and give you confidence that at the very least your documents are legally enforceable. We offer a wide range of relevant business document templates that you can use in the course of doing business.

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BUSINESS START-UP

Starting a business is tough. Let us help you on your journey without worrying about whether your legal document templates are legally valid.

Whether you want to protect your ideas, set up a partnership, collaborate or establish your website policies, you can rely on our legal document templates to help you when you are just starting out in business.

Browse through our business document library for templates commonly used that suit startups like yours.

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HUMAN RESOURCE & EMPLOYMENT

A successful business manages their human resource and employment matters well. However, dealing with human resource and employment matters is not an easy task as there are many legal considerations that a business must take into account. Ensuring that you do not breach employment laws and other employee related regulations is crucial to being a successful employer and more importantly, avoid contentious matters that may bring about litigation.

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LEGAL HEALTHCHECK

Check out your business legal health to protect its assets and reputation.

Our quick online questionnaire will tell you if your business is at risk in a number of ways including financial claim exposure and potential shareholder disputes.

Once your risk areas are identified, use our DIY legal templates to help you minimise those risks affordably, at a much lower cost than using a traditional law firm. For extra peace-of-mind, you have the option of having qualified legal specialists review your documents.

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BUSINESS DOCUMENT LIBRARY

Just click on any document template to know more about it or click ‘Add to Cart’ to buy a template. Looking to buy a plan? Click ‘Buy Plans’ below.


Business

This document is a business asset agreement for the purpose of recording the sale and purchase of assets of an existing business of a company, and to include the terms and conditions of the sale and purchase. Assets may include stock, property and contracts. To use this document, the business and assets, which are the subject matter of this business asset agreement, should be of a private limited company incorporated and carrying on business in Malaysia.

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This is a collaboration agreement (or contractual joint venture or unincorporated joint venture, collaborative agreement or co-operation agreement) for two parties who wish to work together on a commercial project on a collaborative or co-operative basis. The parties may be corporates or individuals. This agreement specifies the terms and conditions of the parties' working relationship, including the areas of collaboration, allocation of responsibilities and expected contribution.

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This document is used for the dissolution of a partnership with the partnership assets being sold to a third party and the employees to be accepted by the third party. This should be based on the partnership agreement which should have details of the partnership account, capital contribution of the partners and the equities held by the partners. For purposes of the dissolution, the agreement provides for a named partner to be responsible for all the matters related to it or parties may nominate the managing partner if there is one.

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This is a non-binding letter of intent (LOI) prior to a decision to award a bid. The LOI is usually awarded prior to a decision to award a contract but may be used in order for some urgent work to be done. This document includes the terms of the LOI and the acceptance to be acknowledged and signed by the recipient of the letter.

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A memorandum of understanding is a preliminary non-binding document commonly used during the negotiation of all sorts of commercial arrangements to record down key terms or areas of agreement. This memorandum of understanding has been drafted for the purpose of two parties wishing to form a new company to start a business (Joint Venture). Once the memorandum of understanding is signed, parties cannot end negotiations regarding the Joint Venture unless they mutually agree to end them. The parties will enter into a joint venture agreement or other definitive agreements to formalise the Joint Venture. The terms of the joint venture agreement will mirror the terms set out in the memorandum of understanding.

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This is a partnership agreement between persons (Partners) carrying on business in common with a view to profit. This agreement sets out the rights, duties and liabilities that each Partner will have in relation to the Partnership. To use this agreement, the partners must be individuals, all partners must make a capital contribution, the Partners intend to make drawings, the Partnership will continue in the event of a death or bankruptcy of any Partner and any composition of the Partnership.

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Where two parties are in dispute, they may formally settle that dispute by entering into a legally binding contract called a settlement agreement. A settlement agreement can be used to settle any disputes which would otherwise have to be settled in court. This agreement is to ensure that once parties have provided the compensation and/or done the action that has been agreed upon, the other party cannot file or pursue any legal claim contrary to what has been agreed.

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This agreement is for the sale and purchase of the entire issued share capital of a private limited company incorporated in Malaysia. To use this agreement, the transaction must involve a single target company with no subsidiaries, a single corporate seller and a single corporate buyer and there should be no loans from existing shareholder. This agreement is primarily drafted from the buyer's perspective.

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This share subscription agreement is to record an agreement by a company (Issuer) to sell an agreed number of shares at a certain price to a subscriber of shares, whereby the subscriber agrees to pay that price. To use this agreement, the Issuer must be a private company limited by shares incorporated in Malaysia, the Issuer must be issuing new shares, and the subscriber should be either a company incorporated in Malaysia or an individual who is resident in Malaysia.

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A shareholder loan agreement is a loan agreement between a shareholder as the lender and the company as the borrower. The purpose of this agreement is to record the terms of the transaction and apportion risk between the parties. This agreement also ensures that the funds obtained from the shareholder are not counted as equity.

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A shareholders' agreement is one that sets out the duties and responsibilities of the shareholders in a company. The relationship amongst the shareholders and the relationship between the shareholders and the company are regulated by the company's constitution (formerly memorandum and articles of association). This shareholders' agreement is to supplement the constitution and the Companies Act 2016, and to address key issues not addressed in the company's constitutional documents.

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Buy & Sell

This agreement is used for the supply of goods between the seller and the buyer acting in the ordinary course of their business. This agreement can be used in domestic contracts between companies and assumes that the parties are trade parties acting in the ordinary course of their business.

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This agreement is used for the supply of services to a business. It sets out the agreed standard terms and conditions for the provision of a supplier's services. To use this agreement, the parties must be trade parties acting in the ordinary course of their business.

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Debt & arrears

This formal letter demands the person or company to whom the letter is addressed to (borrower) to perform the legal obligation of paying a sum of money owed to the person or company who issued the letter (lender). This letter should preferably be based on a record of the loan amount and the due date for payment which has already been agreed upon. Note that no interest can be charged under the loan without a money lender’s licence.

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This is a letter of demand for rental under a tenancy agreement. The document refers to an original tenancy agreement, which states the day by which rental should have been paid. It also includes an ultimatum, wherein if the tenant does not pay within 5 days from the prescribed date, legal proceedings will commence. The landlord can only evict a tenant with a court order. The letter of demand should be sent by registered mail so that there is a record of the letter being sent and received by the tenant.

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HR & employment

When a company engages the services of a consultant – whether a private individual or limited company – this document should be used to draw up the terms of the consultancy. It includes clauses covering remuneration, obligations, termination and notice. The agreement also deals with the issue of copyright. Although this does not constitute an employment contract, failure of either party to honour the terms of the agreement could lead to claims of breach of contract or negligence.

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This policy is to govern the receipt and use by employees of all confidential information that the employee receives or comes across in his/her employment in the company. This confidentiality policy is to be attached to the letter of offer of employment when issued to the new employee.

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Following a disciplinary meeting, it is always advisable to have a written warning. Proving an oral warning may be difficult, and it has the tendency to be misconstrued. Use this final warning discipline letter where the offence is deemed serious. In any case of further misconduct or poor performance, this letter may be used after a first written warning has already been given to an employee and has not yet expired.

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Following a disciplinary meeting, it is always advisable to have a written warning. Proving an oral warning may be difficult, and it has the tendency to be misconstrued. Use this first warning discipline letter to communicate the outcome of the meeting to the employee in question. You can use this letter where it has been decided that no action be taken or that the employee will receive an oral or written warning.

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This letter should be used when an employee is being promoted. The basis of promotion will be determined by the company taking into account the needs the company and the performance by the employee compared to their peers. This letter requires details such as the employee’s new salary, new position, revised benefits, the effective date of the promotion and the job description.

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This is an agreement when a company has done a review of its manpower to find that it has too many employees or where it is facing financial difficulties, which leads to some employees being made redundant. If you are terminating employees due to redundancy, you cannot hire another person to replace the person made redundant or re-designate the role and hire another person. Malaysian law generally favours the employees and there may be a claim for wrongful termination if an employer tries to terminate employees by claiming redundancy where that is not the case.

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This is a letter by an individual in support of another person's (candidate) request for a reference for the candidate's application for a new job or other purpose. The letter may be provided by the former employer of the candidate who is familiar with the candidate due to working with the candidate. Employers are increasingly checking job references as they have become a staple in a society where employees move frequently, may know no one in a new region, and may live far from relatives and friends.

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All job offers should be confirmed in writing in an offer letter. Employers may use this document when they wish to offer an individual employment as a direct hire on a fixed term contract. The agreement deals with the job descriptions and other related matters such as medical coverage, salary, working hours, income tax, EPF, SOCSO, and confidentiality.

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All job offers should be confirmed in writing in an offer letter. Employers may use this document when they wish to offer an individual employment as a direct hire on a part time basis contract. The agreement deals with the job descriptions and other related matters such as medical coverage, salary, working hours, income tax, EPF, SOCSO, and confidentiality.

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This is a letter of offer for a permanent employee. All job offers should be confirmed in writing in an offer letter which is a summary of the key parts of the full employment documents, i.e. an employment agreement or employment statement. This employment letter should suggestively be supplemented by an employee handbook which sets out all the terms, conditions, rules and procedures that will apply to their employment, and a health and safety manual.

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Employers should use this form when interviewing job applicants. The form includes a comprehensive checklist of topics to be covered during interview, with suggestions for specific questions and the opportunity to allocate marks and give comments for each. The completed checklist can provide evidence that you have taken a consistent and fair approach to all candidates.

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This document creates a standard job application form to be used when hiring new staff. It should assist you in forming an objective view of the applicant's suitability as part of your selection process.

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Where the employer and the employee is in dispute, they may formally settle that dispute by entering into a legally binding contract called a settlement agreement. A settlement agreement can be used to settle any disputes relating to the employee’s employment. This agreement is to ensure that once the employer has provided the compensation and/or done the action that has been agreed upon, the employee cannot file or pursue any legal claim contrary to what has been agreed.

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This letter can be used where an employee has committed an alleged misconduct. This letter includes the description of the complaint, the option to suspend and other necessary details surrounding the misconduct allegation. The employee should be given a reasonable period of time to respond and reply to the show cause letter.

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This is a termination letter for an employee. It is expected that other than due to very exceptional circumstances that the employee has received a couple of warning letters and a domestic inquiry has been held and the employee has been given an opportunity to respond to the allegations of misconduct or poor performance made against them.

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Guarantees & assignments

This is an agreement for the assignment of rights, obligations and benefits of a party (Assignor) under a contract to another party (Assignee). You may check if the contract requires the consent of the remaining parties to the contract. Under this agreement, there is no transfer of liabilities to the Assignee. The Assignor is still responsible to ensure that its obligations under the contract are performed and will be liable to the remaining party for any liabilities under the contract. If you wish to transfer all rights, obligations and liabilities to the Assignee, then please use the novation agreement.

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This is an agreement to assign and transfer a trade mark. Trade marks are part of value in a business and the transfer of ownership in a trade mark would usually follow from a sale of a business. This agreement may be an independent and stand-alone one, or related to a separate main agreement between the parties. In order to proceed with this agreement, the assignor must be able to identify the trade mark and prove ownership of it. This agreement allows the parties to include the specific details of each trade mark, i.e. specifications of the goods and services, trade mark name, class and number.

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This novation agreement is to be used to transfer all rights, obligations and liabilities of a party (Assignor) under a contract to another party (Assignee) from a certain specified date. In order for this to be effective, the consent of the counter party/ remaining party to the contract must be obtained. The agreement releases the Assignor from the contract and the Assignee entirely substitutes and replaces the Assignor in the contract as if the Assignee were a party to the contract.

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This is a guarantee issued by two or more individuals to support another individual (Party A) for a sum of money such as for the purposes of Party A starting up a business, entering into a joint venture or collaboration with another party (Party B). The requirement to provide this guarantee is usually set out in the contract entered into by the Party A and Party B.

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Kafalah ialah jaminan yang diberikan oleh pemberi/penanggung jaminan kepada pihak ketiga atas kewajipan yang harus ditunaikan pihak yang ditanggung/dijamin. Dokumen Jaminan Kafalah ini hendaklah digunakan bersama perjanjian pinjaman peribadi. Di dalam Jaminan Kafalah ini, penjamin menjamin bahawa sekiranya keingkaran berlaku atau peminjam tidak melaksanakan tanggungjawabnya seperti yang dinyatakan di dalam perjanjian pinjaman peribadi, maka penjamin akan membayar hutang peminjam.

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This is a performance guarantee issued by a parent company to guarantee a subsidiary company's performance of obligations in a contract. This document includes the specific conditions of the guarantee to be agreed upon by the parties. The requirement to provide this guarantee is usually set out in the main contract and where the subsidiary company performing the obligation is inexperienced or is not financially robust.

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This is a performance guarantee issued by an individual to guarantee another individual's performance of obligations in a contract. For example, this performance guarantee can be used by a sole proprietor or a director or a partner (in their personal capacity) to guarantee the performance of another individual's obligations in a contract. The requirement to provide this guarantee is usually set out in the main contract and where the party performing the obligation is inexperienced or not financially secure.

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Intellectual property

This agreement is to enable the use of the rights in an image, i.e., a photograph, where the owner of the photograph (Licensor) agrees to licence the photograph to the licensee for a certain fee. The agreement sets out the licence fee, the duration of the licence, the Licensor’s undertakings, details and measurements of the photograph as well as the purpose in which the photograph can be used for.

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This trade mark licence agreement is an agreement between the owner of a trade mark (Licensor) and the licensee (Licensee), and can be used where the Licensor grants a licence to a Licensee to use the trade mark in relation to certain goods and services. The agreement sets out the subject and purpose of the licence, the conditions and restrictions attached to its usage, the royalty amount and payments, restrictions on sub-licensing, quality control and the duration and termination of the licence. To use this agreement, the parties should be dealing with each other in the course of their respective businesses, and the licence is granted for use of trade mark in relation to goods and service within Malaysia.

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Motoring

This is a contract of purchase of a motor vehicle. This document is prepared from the perspective of the buyer. If you are the seller, then use the Agreement to sell a motor vehicle template. The buyer and seller may both be companies or one company and one individual.

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This is a contract of sale for a motor vehicle. This document is prepared from the perspective of the seller. If you are the buyer, then use the Agreement to buy a motor vehicle template. The seller and buyer may both be companies or one company and one individual.

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Online business

This is an agreement between a website owner (Website Owner) and an advertiser (Advertiser), where both are based in Malaysia. This agreement can be used where the latter agrees to pay the former (the Website Owner) to publish an advertisement on the website. This agreement sets out the roles and obligations of each party in relation to that arrangement. To use this agreement, the Advertiser will provide to the Website Owner all advertising contents it wishes to be published on the website and the Website Owner has the sole discretion on the positioning of the advertising content on its website.

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This document sets out how the personal data and information gathered on the website will be processed, used and secured. Please ensure that you have in place security requirements to protect the personal data that is collated and retained on your website in accordance with the Personal Data Protection Act 2010 (Act 709). The policy includes details of the personal information to be collected about the customer and their visit to the website, uses made of these personal information, disclosure of customer's personal information and the customers’ rights.

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This document sets out the terms and conditions of use of a website. The terms and conditions have been drafted generically so that it can be used for different sectors. This document includes terms about using material from the website, acceptable use of the website, rules about uploading content, rules about passwords and security and limitation of liability.

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Powers of attorney

This power of attorney can be used by any business entity (whether a company, sole proprietor or partnership) (Donor) to authorise an individual or another business entity (Attorney or the Donee) to act on behalf of the Donor so that the Donor can continue with the Donor's affairs even though the Donor is not present. This power of attorney document is meant for general purpose, meaning it applies broadly to all the Donor's matters or transactions that the Donor wish for the Attorney to deal with. The power of attorney must be attested and registered with the High Court of Malaya.

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The power of attorney is a document that authorises an individual or a company (Attorney or the Donee) to act on behalf of another (the Donor). It enables the Donor to continue with the Donor's affairs even though the Donor is unable to be present due to being away when a particular matter or transaction in which the Donor is involved in is being negotiated or concluded. This power of attorney document is meant to grant the Attorney for a sole purpose only. This means that it is meant to deal with only one particular matter or transaction of the Donor which must be specific in nature. The power of attorney must be attested and registered with the High Court of Malaya.

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This is a document to revoke a power of attorney which has been previously granted to another. To revoke the power of attorney, you must file a copy of this deed of revocation together with the original copy of the power of attorney at the High Court which the power of attorney was registered, as per Section 5 of the Powers of Attorney Act 1949 (Act 424).

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Property & tenancy

This is a tenancy agreement for landed commercial property, where the landlord and tenant can be either an individual or a company and the property is used by the tenant for commercial/ business purpose. This agreement can be used to set out the terms and the conditions of the tenancy and the rights and responsibilities of each of the landlord and the tenant in relation to the tenancy.

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This tenancy agreement is an agreement between the landlord and tenant in relation to a parcel/lot/unit in a commercial property for commercial/ business purpose. This agreement can be used to set out the terms and the conditions of the tenancy and the rights and responsibilities of each of the landlord and the tenant in relation to the tenancy. To use this agreement, the parties must be acting in the course of business.

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This is a letter by the main tenant to seek the consent of the landlord to share a commercial landed or commercial strata property, with another company or individual (sub-tenant). There must be an existing tenancy agreement already in place between the landlord and tenant, in which the tenant will continue to be responsible for its obligations under the tenancy agreement.

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Protecting your ideas

This is a confidentiality agreement where only one party discloses confidential proprietary information to another party for a specific purpose. It is important that the parties agree on the purpose, i.e. the intention of one party to disclose the information to the other party. This agreement sets out the limits that the information can be used for and should be signed before any confidential information is provided.

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This is a mutual non-disclosure agreement (NDA) where each party discloses and receives confidential proprietary information to and from each other respectively for a specific purpose. It is important that the parties agree on the purpose (the intention for the parties to disclose the information to each other). This could be for a potential investment for a business or to acquire certain assets. This agreement sets out the limits that the information can be used for, and should be signed before any confidential information is provided.

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BUSINESS LAW GUIDE

Our Business Law Guide contains resources to help you understand the legal jargon that you may come across when running your business. Whether it is confidential agreements or debt recovery we have the resources that help you understand these subjects, and direct you to the relevant documents in our library that will help you resolve the issue.

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