Established on 1 November 1989, Tay & Partners has grown exponentially to become one of the most established full-service commercial law firms in Kuala Lumpur, Malaysia. We serve the legal needs of a wide portfolio of clients both local and multinational across a broad spectrum of industry sectors.
Our clients consist of a mix of leading local companies and international companies investing and doing business in Malaysia. They are in a spread of sectors (e.g. in aviation, retail and distribution, food and beverage, electronics and technology, manufacturing, education, construction and building materials, oil and gas, renewable energy, real estate, corporate services and professional consultancy companies, medical and life sciences, and other services). Due to our linkages with Singapore, we routinely advise Singapore based businesses on their expansion in Malaysia.
Tay & Partners is a full-service commercial law firm that combines solid legal expertise with a business-oriented approach. The firm provides a comprehensive range of legal services to a large cross-section of the business community in Malaysia and abroad. Its team of partners and lawyers are attuned to transactional work and can provide first-class legal service and responsiveness that clients look for.
The firm's principal areas of practice are:-
A. Corporate & Commercial
As part of our corporate practice, Tay & Partners represents our clients largely in the areas of mergers and acquisitions, public takeovers, foreign direct investments, venture capital and private equity, regulatory compliance, applications for permits and licenses as well as corporate restructuring.
B. Banking and Finance
Recognising that banking and finance play an integral part to a country’s economy, Tay & Partners supports both the financial institutions (e.g. local and international banks, investment banks, Islamic financial institutions, credit companies and money lending institutions) and borrowers in their credit arrangements covering conventional and Islamic financing transaction, structured financed and securitization, product documentation and derivatives, debt restructuring, financial services regulatory compliance and exchange control administration regulations.
C. Real Estate
Tay & Partner’s real estate practice covers matters ranging from regulations for foreign acquisition of Malaysian real estate; real estate conveyance; real estate financing; commercial, industrial and residential project development; land acquisition; tender exercises and Real Estate Investment Trust (REITs). We assist clients in addressing different State land rules across Malaysia in addition to the workings of the National Land Code as well as regulatory issues affecting foreign interest and ownership structures.
Our transactional experience covers commercial, hospitality, industrial and residential projects. Over the years, we have acted for some of the major property transactions, including for foreign missions divesting embassy land around Kuala Lumpur diplomatic enclave, greenfield projects in Iskandar Development Region and commercial properties in major cities in the country.
D. Competition law
Tay & Partners is one of the pioneer advisors in competition law when the law was first passed in Malaysia. We represent AirAsia Berhad in a market sharing decision which was the first case to go on appeal to the Competition Appeal Tribunal (CAT). Competition law is an area of law that seeks to maintain market competition by regulating anti-competitive conduct by companies. Our strength lies in our strong commercial practice and orientation necessary for a discipline that covers both law and economics.
In the area of our practice, it includes compliance training and advice; competition law audit and legal review of operations and providing restructuring advice to adhere to competition requirements; exemption application to Malaysia Competition Commission; dispute resolution and legal representation before Malaysia Competition Commission (MyCC) and CAT.
E. Trade Regulations and Investments Compliance
Malaysia is a major trading nation, a member of World Trade Organization (WTO), has free trade agreements with many countries in addition to being a member of the Asean Economic Community and a party to the Trans-Pacific Partnership Agreement.
Some of the legal advice which we provide to both Malaysian and international companies being producers, importers and exporters under this area are in relation to safeguard and trade regulations; market entry; anti-dumping regulations; regulatory disclosure and compliance; corporate governance; ethics, corruption, whistleblowing and integrity related issues.
F. Intellectual Property
Our IP team advises clients in the protection, licensing and enforcement of their intellectual property rights in respect of patents, trademarks, copyrights and industrial designs. A substantial part of our practice covers advisory work on cross border transactions involving franchising, licensing, technology transfer and transfer of ownership; infringement and passing off including anti-counterfeiting actions; as well as domain name issues and disputes.
On the matter of franchising, our work extends to providing regulatory advice and registration of franchise; drafting and reviewing of franchise agreement documents; providing advice on the suitability of business format for franchising; preparation of franchise manuals and franchise sales and acquisitions.
G. Technology, Multimedia & Telecommunications
As technology evolves, information technology, communication and multimedia laws and regulations change in tandem. New ways of communication and the introduction of new technology are constantly developing. As technology, multimedia and telecommunications (TMT) have a growing impact in many areas, we provide intellectual property solutions and legal support services for the development and licensing of technology, multimedia and telecommunications.
We provide advice on TMT transactions, regulatory issues encryption technology including the implementation and exploitation of national and international regulation of encryption technology, global mobile satellite communications including structure and setting up global network of satellites and earth stations, a wide spectrum of licensing and regulatory approvals from a broad range of industries ranging from amongst others, banking, computer, electronics, education, maritime, pharmaceutical and telecommunications. As active maintenance and renewal of licenses affects cost management, we also offer ongoing maintenance and renewal services for clients.
H. Data Protection
Parallel to the developments in information technology, communication and multimedia, new communications and multimedia-related laws have emerged in areas such as data protection to cope with concerns over privacy and piracy. Over the past two decades, vast amounts of personal information of individuals are being transmitted, collected, stored and used daily with the rapid development of technological advances and in the area of Information and Communication Technology. As a result, personal data are more susceptible to misprocessing and data breach.
To address these issues, we support our multinational clients as data users from across a broad spectrum of industries to align their internal policies to comply with local data protection laws by providing regulatory advice and registration of data users; drafting of personal data protection policies and framework as well as assisting on enforcement issues.
I. Dispute Resolution
In terms of dispute resolution, Tay & Partners is focused on achieving the results that fit our clients’ business needs, be it protecting their position before proceedings are issued, mediating and negotiating settlements or pursuing the matter to trial. We believe in devising effective interlocutory strategies, thorough trial preparation and at the same time investing in alternative resolution such as arbitration, mediation or out-of-court settlements.
J. Employment and Industrial Relations
In the area of employment and industrial relations, we serve mainly employers and provide a full range of legal services in both contentious and non-contentious employment law issues. Our work in this field revolves mainly around preparing and reviewing employment contract documentation including employment handbook, collective agreements and other arrangements for provision of service; advising on employment related immigration issues, wrongful dismissal, sexual harassment, reorganisation and retrenchment exercises. Much of our works are for multinationals, local and international banks and financial institutions, government agencies and local companies.
We are also experienced in alternative dispute resolutions mechanism for employment & industrial relations matters where amicable solution is essential in maintaining good working relationship between employers and employees.
Tay & Partners maintains its externally ranked position and reputation as one of the Malaysia’s leading law firms across key areas of practice. Our firm has been consistently recognised as:-
(a) Recommended Firm by The Legal 500 Asia-Pacific 2021;
(b) Tier 3 Firm for Banking and Finance by The Legal 500 Asia-Pacific 2021;
(c) Top Tier Firm for Antitrust and Competition by The Legal 500 Asia-Pacific 2021;
(d) Tier 3 Firm for Corporate / Mergers & Acquisitions by The Legal 500 Asia-Pacific 2021;
(e) Tier 3 Firm for Dispute Resolution by The Legal 500 Asia-Pacific 2021;
(f) Tier 3 Firm for Labour and Employment by The Legal 500 Asia-Pacific 2021;
(g) Tier 2 Firm Intellectual Property by The Legal 500 Asia-Pacific 2021;
(h) Tier 3 Firm for Trade Mark Contentious and Trade Mark Prosecution by MIP IPStars 2021;
(i) Tier 2 Firm for Copyright by AsiaIP 2021;
(j) Silver Banded by WTR1000 2021;
(k) Tier 2 Firm by Media Law International 2021;
(l) Tier 3 Firm for Real Estate and Construction by The Legal 500 Asia-Pacific 2021;
(m) Tier 4 Firm for Technology, Media and Telecommunications by The Legal 500 Asia-Pacific 2021.