Conveyancing in Malaysia
Ng Kok Wai
ISBN / ISSN: 978-967-5040-49-8
This book is a compendium of the techniques of real property conveyancing. Its main objective is to address issues encountered in conveyancing practice under the Torrens system in West Malaysia. It aims to equip the reader with a competent grasp of the legal principles to support the practice of conveyancing. The discussion however is not based on general land law concepts but is linked to specific issues encountered in practice.
This book has been prepared to be practical in nature and focuses on the mechanics which a practitioner will need in the course of practice whether as a refresher or as a tool to start up quickly. Issues are highlighted and practical solutions given together with case citations which often provide a good guide as to how a conveyancer may avoid potential pitfalls. It also discusses the stamp duty payable on conveyancing instruments and the real property gains tax payable on disposals of real properties.
As the sale and purchase of real property is so intertwined with the financing aspects, this book also deals with the conventional financing aspects of real property conveyancing. Focus is given on the methodology and the law behind the creation of land charges and security assignments in relation to properties purchased or refinanced. Certain uncommon conveyances such as those relating to real estate investment trusts and asset securitisation are included for discussion. This book, however, does not cover tenancies or leases.
For completeness, this book contains knowledge outside mainstream conveyancing which is often essential to conveyancing transactions such as conversion of land use, planning approval, subdivision of land and buildings and other issues in relation to property development.
The final part of the book contains a wealth of forms, precedents and checklists which will prove to be an invaluable resource to the busy conveyancer in carrying out an efficient and productive practice.
The book takes into account the Finance Act 2010 which amended the Real Property Gains Tax Act 1976, and the Real Property Gains Tax (Exemption) (No 2) Order 2009 which reimposed RPGT from January 1, 2010. It also includes an addendum on the recent landmark decision by the Federal Court in Tan Ying Hong v Tan Sian San & Ors.
Conveyancing in Malaysia: Law and Practice is certainly a very useful book for conveyancing lawyers, both experienced and novice, chambering pupils, as well as legal counsel in the real estate and banking industries.
About the author
Ng Kok Wai graduated from the National University of Singapore in 1988 and has been called to both the Malaysian and Singapore Bar. He has 18 years of legal practice experience in Malaysia in various fields. His past work includes banking (corporate and end-financing and advisory work on related issues such as exchange control); conveyancing and dealings in immovable properties (including a wide range of sale and purchase agreements, land charges, leases, Malay reservation land and property development); capital markets such as issuance of debt securities; and corporate and commercial work (including share acquisitions and due diligence exercises and advisory work on issues relating to the Companies Act such as insolvency and shareholders’ rights).