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Drafting Commercial Contracts: Tenancies & Lawful Evictions

Overview

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.

This Understanding the Workings of Commercial Contracts 101 seminar is for any professional who wants to learn and understand the workings of commercial contract. 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.


 

Learning Outcomes

By attending this "Understanding the Workings of Commercial Contracts 101" programme you will:
  • Get-to-grips on understanding contractual terms and their impact o 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

 

Who Must Attend

This Workings of Commercial Contacts course is relevant and beneficial to local and multinational manufacturing, procurement and electronics companies, in particular for purchasing, sale procurement and supply staff of all levels, officers and administrators, marketing and sales managers, legal officers and all those who are involved in any sort of sale and supply contracts.
 
SUITABLE FOR
All levels of Staff who are involved in contract management, Procurement contracts, Sales contracts,  officers and administrators, marketing and sales managers, legal officers and all those who are involved in any sort of sale and supply contracts.
 

Course Details

Day 1
Module 1: TENANCY TERMS
  • Classification of Tenancies and Duration of Tenancies
  • Term tenancy and otherwise –Rights of both parties
  • Rental Amount and Rent Acceleration Clauses
  • Control of Rent (Repeal) Act of 1997
  • Deposits
  • Stamp duty and Calculation under the Stamp Act 1949
  • Penalty for late payment and Calculation
  • Exit Clause
Module 2: RIGHTS & LIABILITIES OF LANDLORD AND TENANT
  • Business environment and Tenancy Contract
  • Termination of Tenancy
  • The Malaysian Legal System
  • Landlord’s Remedies
  • Eviction 
  • Understanding TEMPORARY OCCUPIER LICENCES [TOL]
Module 3: LANDLORD AND TENANT DISPUTES & REMEDIES IN MALAYSIA 
  • Termination of Tenancy and Eviction of Tenant
  • Events of Default by Landlord
  • Events of Default by Tenant
To decide if Landlord wants to continue with Tenancy or take back the Property.
Where  the landlord wishes to continue with the tenancy he may apply for a writ of distress under the Distress Act 1951 (Act 255).
  • What is an Action for  Distress and the effect of the Specific Relief Act 1950
  • Procedural Steps for an application of a Writ of Distress.
  • Advantages and Disadvantages of a Writ of Distress
Module 4: LANDLORD AND TENANT DISPUTES & REMEDIES IN MALAYSIA (PART 2)
  • Where the landlord wants to Terminate the Tenancy and take back the Property
  • Issuance of Notice to Quit
  • The effect of Issuance of Notice to Quit on Written and Unwritten Tenancies
  • Procedural Steps to take back Property once Notice to Quit is served
  • Situations where Tenant refuses to leave and Landlord’s Rights in terms of Rental accrual  Calculation and the Writ of Possession
  • Effect of Civil Law Act 1956
  • Clauses that must be drafted  into the Tenancy Agreements to ensure effective debt collection. 
  • Double Rental
Day 2
Module 5: CONTRACT ACTS 
  • Contracts Act 1950 – S.75 as contractual remedy fo damages
           -Set-Off under Tenancy Agreement
          -The law of Contract and validity of clauses in Tenancy Agreement
 
  • Understanding Indemnities - Scope
         -Type of Indemnity
         -Does the indemnity protect the company?
         -Life span of indemnity and what happens when agreement expires? 
  • Understanding Order and scope of Contents of Tenancy Agreement:
  • Order of Precedence
  • Where there is more than 1 Tenancy Agreement –order of precedence
Module 6: DISCUSSION SCOPE OF LIABILITY IN TENANCY AGREEMENTS
  • Discussion on scope of Liability in Tenancy Agreements
  • Understanding Joint and Several Liability in Business Tenancies
  • How to Create Joint and Several Liability in a Business Tenancy
  • How to Destroy Joint and Several Liability
  • Boiler Plates and Tenancy Agreement:
  • The significance of boilerplates used in this Tenancy agreement.
  • Interpretation clause and its role in  agreements
  • Severability clause 
  • Entire Agreement Clause and when it cannot be used
  • Force Majeure and its consequences
  • Contra Proferentem Rule and  writing out of it
  • Waiver clause
  • Notice and its importance
  • Survival and Merger Clause
Module 7: CONTRACT RESTUCTURE 
  • Amendments and its rules
  • Difference between an addendum and an amendment
  • Variations in tenancy agreements.
  • Novation and Assignment Explained
  • Note:  Existing Tenancy Agreement will be used in the relevant modules for better understanding of law.

Methodology

This  training course will utilise a variety of proven adult learning techniques to ensure maximum understanding, comprehension and retention of the information presented. This includes high levels of participant discussion, group interaction, delegate group exercises and case studies. Delegates will be encouraged to raise their own issues and problems faced within their industry or organisations for discussion on a confidential basis.

Course Leader

AMBIGAH K
LL.B (Hons) London, CLP (Malaysia), TESOL (Canada)
 
Ambigah She has 15 years of training and lecturing experience on legal topics including civil litigation like employment matters, company, corporate and banking issues. She is a PSMB licensed corporate trainer and Corporate Legal Adviser who has a vast  professional experience in the training industry.  She has excellent communication, writing, people and class management skills.
 
Work Experience 
Trained and lectured for private companies and government entities.  Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives.
 
Legal Experience includes civil litigation like employment matters , company ,corporate and banking issues. 
Conducted seminars for Employment law including on mock Industrial hearings of Domestic Inquiries and the Personal Data Protection Act 2010 which includes follow up legal advice for Pro-tem comittees on PDP implementation and drafting of Consent letters as required under the Act.Trained for  the Federation of Manufacturers of Malaysia (FMM).
 
Involved in advise and drafting of Human Resource policy and procedures. Also in the drafting of legal  letters and advice of legislation pertaining to proper administration of Human Resource issues.
 
Some of the in-house and public programs include those from, NIAM (Persatuan Insuran Kebangsaan Malaysia), Honda, Petronas Fertilizer (Kedah), Suruhanjaya Syarikat Malaysia, Sime Darby, Malaysia Multimedia Commission, Penang Bridge Sdn Bhd., Solectron, Bax Global, TM, Yan Jin (M), Cititel Penang, Evergreen Laurel Hotel, Government Teachers in various schools, Smart Modular, Kwong Wah Yit Poh Press Berhad, Vitrox Technologies, Staff of UITM, Bank Negara, Dimerco Sdn.Bhd, G-Pile Sistem Sdn.Bhd., Masterskill (M) Sdn.Bhd, Subalipack (M) Sdn.Bhd, Mitsubishi Motors Malaysia Sdn.Bhd, Sumitomo Metals Sdn Bhd, Lembaga Koko, MARA and other government agencies and many more. 
 
When not conducting training programs, Ambigah Krishnan tends to her legal consultation especially in the corporate field.
Legal programs enhanced with Legal Practitioner’s advice and opinions.  Imparting experience as Legal advisor and Litigation lawyer to be part of teaching of legal programs. Able to combine the elements taught in a specific program both soft skills and Legal with real life requirements for those on the job.  
 

Or

We have a faculty of  specialist and can cater to your organisation's different levels and specific needs.

For training and advisory services, feel free to contact us at info@itrainingexpert.com or call us at +603 8082 3707 | +603 8074 9056 | +6012 6869 628 | +6018 2175 123

Testimonies

“I felt as though I unequipped to draft contracts before attending this course. This training taught me the many terms, definitions and techniques of drafting. After it was done, I felt I better understood what contracts were and how to read them in a new light. The trainer was very well-presented, concise and specific.” – Chong Siew Mei, Marketing Director, Bioscenergy International Sdn Bhd.
 
“Before attending this course, I felt isolated on what I had to do. I got a lot of information that I needed to look at when drafting contracts. After it was done, I felt much better equipped to handle my daily work. The trainer was very knowledgeable on the topic.” – Soong Pik Kwan, Export Manager, Bioscenergy International Sdn Bhd.
 
“I was completely lost on this subject before attending this course. During this training I learned the best practices in contract drafting. I felt really good after the course. The trainer was very experienced and knowledgeable.” – Glenn Lee, Operations Manager, Kendek Products Sdn Bhd.

Investment

Normal fee
Sign up 1 pax
Pay before course starts
MYR 2,990.00 per pax
USD 890.00
Early Bird
Sign up 1 person
Pay 14 days before course starts
MYR 2,600.00 per pax
USD 760.00
Group Fee
Sign up 3 pax or more
Pay 14 days before course starts
MYR 2,600.00 per pax
USD 760.00

6% SST is chargeable, excluded in the quoted fee above
 

Certificate
Upon successful completion of this program, you will receive a Certificate of Achievement.
 
Payment mode:
 
1. Online Payment by Credit card:  You can opt to register and pay online with our latest payment integration system through our website.
 
2. Bank Transfer- You can also opt to use GIRO or telegraphic transfer of payment via international banks.
 
3. HRD Corp Claimable Courses Skim Bantuan Latihan Khas (Applicable to Malaysian Employer Only) 
 
Contact us: ITRAININGEXPERT GLOBAL PLT
Tel:+603 8074 9056 | +603 8082 3707
Mobile: +6012 6869 628 | +6018 2175 123

 

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