Corporate & Commercial Law
Masha Sylverster & Co advises businesses and commercial stakeholders on a wide range of corporate and commercial law matters, providing practical legal guidance aligned with commercial objectives.
Our approach is focused on clarity, risk management, and delivering solutions that support informed business decisions.
Practical Legal Support for Commercial Transactions
Our corporate and commercial practice covers advisory and transactional work for businesses across various industries, including small and medium enterprises.
We assist clients at different stages of their business operations, from contract negotiations to ongoing commercial arrangements.
Corporate & Commercial Matters We Advise On
Commercial Contracts
Drafting, reviewing, and negotiating commercial agreements, including supply, service, and distribution contracts.
Corporate Advisory
Advice on corporate structure, governance, shareholder matters, and regulatory considerations.
Business Transactions
Legal support for business transactions, including asset and share acquisitions and disposals.
Risk Management & Compliance
Advice on managing legal risks and compliance with commercial and regulatory obligations.
Negotiation & Dispute Prevention
Assistance in negotiations and advisory work aimed at preventing disputes and managing commercial relationships.
Commercially Minded, Legally Sound Advice
Corporate and commercial law underpins virtually every aspect of business operations in Malaysia — from the formation of a company and the structure of its ownership, to the negotiation of commercial agreements and the management of regulatory obligations. Whether you are a sole proprietor, a private limited company, or a larger commercial entity, sound legal advice is essential to protecting your business interests and managing legal risk effectively.
Our approach to corporate and commercial work is rooted in practicality. We recognise that legal advice must align with commercial realities and be delivered in a manner that supports informed decision-making. We take time to understand your business context before advising on the appropriate legal strategy.
Commercial Contracts and Agreements
A well-drafted commercial contract is one of the most effective tools for managing business risk. We assist clients in drafting, reviewing, and negotiating a wide range of commercial agreements — including supply agreements, service contracts, distribution and agency arrangements, joint venture agreements, and confidentiality agreements. We identify potential areas of risk and ensure that the terms of any agreement clearly reflect the commercial intentions of the parties involved.
Corporate Structure and Governance
Choosing the right corporate structure has significant legal and commercial implications. We advise on matters relating to company formation, shareholders' agreements, director and shareholder obligations under the Companies Act 2016, and corporate governance more generally. For businesses undergoing restructuring, entering joint ventures, or contemplating changes in ownership, we provide legal guidance at each stage of the process.
Business Transactions and Acquisitions
Business acquisitions — whether by way of asset purchase or share purchase — require careful legal due diligence and precise documentation. We advise clients on transaction structure, risks identified during due diligence, and the preparation of transaction documents. Our role is to protect your interests throughout and ensure that the transaction reflects the commercial terms agreed between the parties.
Regulatory Compliance and Risk Management
Malaysian businesses are subject to a growing body of regulatory obligations spanning company law, employment, data protection, and sector-specific requirements. We advise clients on their compliance obligations and assist in developing practical measures to manage legal risk. Early legal advice can help businesses avoid costly disputes and regulatory exposure down the line.
Frequently Asked Questions
What is the difference between corporate law and commercial law in Malaysia?
Corporate law deals with the formation, governance, and regulation of companies — covering matters such as director duties, shareholder rights, and corporate restructuring. Commercial law focuses on the legal framework governing business transactions and commercial agreements. In practice, the two areas frequently overlap, and a corporate and commercial lawyer advises on both.
Do I need a lawyer to draft a commercial contract in Malaysia?
While there is no legal requirement to use a lawyer, engaging one significantly reduces risk. A poorly drafted contract may be unenforceable, contain ambiguous terms, or fail to protect your interests in the event of a dispute. A lawyer can ensure your agreement is clear, legally sound, and aligned with your commercial objectives.
What happens if the other party breaches a commercial contract in Malaysia?
The non-breaching party may be entitled to claim damages, seek specific performance to compel the other party to perform, or pursue other remedies depending on the contract terms and the nature of the breach. The appropriate course of action depends on the severity of the breach and the remedies available under the contract and Malaysian law.
How can a lawyer assist with a business acquisition in Malaysia?
A lawyer can advise on the structure of the transaction — whether asset or share acquisition — conduct due diligence, negotiate and draft the sale and purchase agreement, advise on regulatory approvals, and manage completion mechanics. Legal advice is essential to identify risks and protect your interests throughout the acquisition process.
What should be included in a shareholders' agreement in Malaysia?
A shareholders' agreement typically covers each shareholder's rights and obligations, decision-making procedures, profit distribution, restrictions on share transfers, dispute resolution mechanisms, and exit provisions. It supplements the company's constitution and provides contractual protections that are binding on all parties.