Seminar Landlaw

8/11/2019 Seminar Landlaw

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RGANISED BY:

LATEST UPDATES AND DEVELOPMENTS IN

Current legislations on land development affecting developers

Review and update on land acquisition procedures

Legal and practical considerations on land security transactions

Land use policies in Malaysia: recent case law and its impact

Good land governance and land management issues

Key issues on latest developments and amendments in Strata Title Act 2007

Legal and enforcement issues on lien

Implications of EPF implementation on fund withdrawals for housing instalments

Strategies for negotiating and obtaining planning approvals for land development

PLUS: v Tax regulation on land transaction and capital gain in Malaysia

v Challenges and opportunities in REITs

v Panel discussion on ways to develop an effective land administration system

Azimuddin Bahari, Director, Strata Management, Legal & Land Management

elopment Division, Department of Lands and Mines

NISTRY OF NATURAL RESOURCES AND ENVIRONMENTSr. Akbal Singh Sandhu, Chartered Architect, Chartered Town Planner, Chartered

veyor and Practicing Arbitrator and Principal

ARANCANG ARCHITECT AND CHARTERED TOWN PLANNERSPrincipal

(BUILDING INSPECTION SERVICES)

essor Salleh Buang, Senior Advisor, SAGE BUSINESS SERVICES

n Fernandez, Managing Director, KHONG & JAAFAR

hua Kevin, Partner, Litigation, SYED ALWI, NG & CO

ng Yook Fan, Group Company Secretary, FARLIM GROUP

See Eng, Licensed Land Surveyor, STUDIOUKUR GEOMATICS

Geetha P. Kumaran, Lead Consultant, EUROPASIA ENGINEERING SERVICES

Hamdi Abdullah, Partner, LEE HISHAMMUDDIN ALLEN & GLEDHILLS. Saravana Kumar, Advocate & Solicitor

LEE HISHAMMUDDIN ALLEN & GLEDHILL

Christopher HW Wong, Partner, Banking & Conveyancing, CHEANG & ARIFF

Azlan Sulaiman, Partner, AZMI & ASSOCIATES

K. Shanmuga, Partner, KANESALINGAM & CO

Nahzatul Ain Binti Mohd Khalid, Partner, KRISHNA, KHALID & ASSOCIATES

Zuhaidi Mohd Shahari, Senior Associate, AZMI & ASSOCIATES

Lai Wing Yong, Partner, SHOOK LIN & BOK

Billy Lee Chon Hoe, Partner, TEH & LEE

30 – 31 JANUARY 2008JW Marriott Hotel, Kuala Lumpur, Malaysia

SUPPORTING ORGANISATIONS:

CONFERENCE HIGHLIGHTS INCLUDE:

HEAR FROM A PANEL OF DISTINGUISHED SPEAKERS AND EXPERTS IN THIS FIELD

WHO ARE SPECIALLY INVITED TO SHARE THEIR KNOWLEDGE AND EXPERTISE WITH YOU

OFFICIAL PUBLICATIONS: MEDIA PARTNER:



.00 REGISTRATION AND MORNING COFFEE

.00 CHAIRPERSON’S OPENING ADDRESS

Lai Wing Yong, Partner

SHOOK LIN & BOK

.10 TOWARDS AN EFFECTIVE STRATA PROPERT Y

MANAGEMENT

l Overview of the Strata Titles Act 1985

l Who is in charge? The different bodies, developers

and managing agents in charge of the management

of residential strata properties. Formation of Joint

Management Body (JMB) under the Building and

Common Property (Maintenance and Management)

Act 2007

l The roles and powers of the Commissioner of Buildings

(COB)

l The formation, role and duties of the Management

Corporation (MC)

l Highlights of the Building and Common Property

(Maintenance and Management) Act 2007

Dr. Azimuddin Bahari

Director, Strata Management, Legal & Land

Management Development Division,

Department of Lands and Mines

MINISTRY OF NATURAL RESOURCES AND

ENVIRONMENT

.55 LEGAL UPDATES AND A REVIEW OF LAND ACQUISITION

PROCEDURES

l Power and function of the relevant authorities under

the Land Acquisition Act 1960

l What are the procedures for land acquisition?

l Legal rights of developers and property owners

l The right of owners to challenge the validity of the

proposed acquisition

l Applicable valuation rulings

l Negotiating an agreement with property owners

l Understanding development constraints and other

relevant issues on market values and compensation

Azlan Sulaiman, Partner

AZMI & ASSOCIATES

0.40 MORNING REFRESHMENT

1.00 LEGAL AND PRACTICAL ISSUES CONCERNING LAND

SECURITY TRANSACTION

l Developing a legally binding Sales and Purchase

Agreement

l Critical considerations in implementing effective and

binding land security

l The effectiveness of the system of land ownership

and rights

l Examining the legal charges that may arise out of an

ineffective land security transaction

Nahzatul Ain Binti Mohd Khalid, Partner

KRISHNA, KHALID & ASSOCIATES

FOR ENQUIRIES AND REGISTRATION: Fax (603) 2070 3369 or Call (603) 2070 3299

STAY UPDATED ON THE LATEST DEVE

11.45 AN OVERVIEW OF TAXATION RELATING TO LAND

TRANSACTIONS

l Overview on capital gains tax and income tax in

Malaysia

l Developments in tax legislation pertaining to realty

l The real property gains tax exemption: Is it good

news for businesses?

l Isolated transactions in land – Capital asset versus

trading asset debate

l A critique of Malaysian tax cases – Discerning the

judicial mood

l Minimising tax incidence – Lessons to be learnt from

recent tax cases

S. Saravana Kumar, Advocate & Soli citor


12.30 LUNCH

1.30 THE CHALLENGES FACED BY DEVELOPERS ARISING

FROM CURRENT LEGISLATION GOVERNING LANDDEVELOPMENT

l Implications of the Land Conservation Act 1990 on

housing developers

l Latest amendments in the Housing Development

(Control and Licensing) Act 1989

l Enforcement of the Housing Development (Control

and Licensing) Regulations 1989

l Other areas of tension between developers and

regulations enforced to protect the land

l Rights, duties and liabilities of developers and

purchasers under the Acts

K. Shanmuga, Partner

KANESALINGAM & CO

2.15 UNDERSTANDING THE ESSENTIALS OF LAND

MANAGEMENT

l Identifying the types of land for various purposes

l Enhancement of value arising from land enrichment

l Importance of good governance in land management

l Provisions of laws in line with good land governance

Kwong Yook Fan, Group Company Secretary

FARLIM GROUP

3.00 AFTERNOON REFRESHMENT

3.30 LAND USE ISSUES AND PRACTICES IN MALAYSIA

l Understanding land use policies in Malaysia

l Procedure governing land use decisions and the

impacts of the substance of land law use

l Conversion of agriculture status land to residential

land and its implications

l Private land use trends and developments and its

impact on local citizens

l Issues and recent cases regarding vacant land use

l Comparison of urban and rural area land law

differences

l Avoiding difficult situations arising out of land

disputes Ng See Eng, Licensed Land Surveyor

STUDIOUKUR GEOMATICS

DAY ONE

30 JANUARY 2008 I WEDNESDAY



.15 PANEL DISCUSSION:

DEVELOPING AN EFFECTIVE LAND ADMINISTRATION

SYSTEM TO AVOID CONFLICTS

l Understanding past efforts to the procedures by

which land use decisions are made in Malaysia and

analysing common difficulties in providing solutions

l Understanding the difficulty of the planning systeminvolved in setting up land administration guidelines

l Analysing what is involved in building an effective

land administration system within our own social,

economic and cultural environments

l Suggested reforms for common problems

l Setting clear guidelines within a social, legal, economic

and technical framework

l Looking at other countries for direction

Moderator:

Billy Lee Chon Hoe, Partner

TEH & LEE

Panelist:

Kwong Yook Fan, Group Company Secretary

FARLIM GROUP

Ng See Eng, Licensed Land Surveyor

STUDIOUKUR GEOMATICS

.15 END OF DAY ONE

.30 MORNING COFFEE

.00 CHAIRPERSON’S OPENING ADDRESS

Billy Lee Chon Hoe, Partner

TEH & LEE

.10 ISSUES, PROBLEMS AND SOLUTIONS ON THE

IMPLEMENTATION OF THE STRATA TITLES ACT 1985

AND THE RECENT AMENDMENTS IN THE STRATA TITLE

ACT 2007

l Latest developments in strata titles and latest related

cases pertaining to this issue

l Recent problems faced by applicants or purchasers

l What are the causes of delay in the issuance of the

strata title and how to avoid such delays

l Grey areas in the Strata Titles Act 1985

l Important amendments to the Strata Titles Act 1985

in the Strata Titles Act 2007

l Key issues addressed in the Strata Titles Act 2007

Christopher HW Wong, Partner, Banking & ConveyancingCHEANG & ARIFF

FOR ENQUIRIES AND REGISTRATION: Fax (603) 2070 3369 or Call (603) 2070 3299

PMENTS IN THE MALAYSIAN LAND

10. 00 REITs – A BLUE OCEAN STRATEGY FOR THE MALAYSIAN

PROPERTY MARKET

l The economic framework for REITs

l The regulatory and tax framework for REITs

l The reitable sectors of the proper ty market

l The issues that are promoting or hindering growth

l An overall assessment by way of a financial modeland a value-at-risk model

l REITs as a blue ocean strategy turning real estate into

an investment product

Elvin Fernandez, Managing Director

KHONG & JAAFAR

10.50 MORNING REFRESHMENT

11.05 ISLAMIC ASSET SECURITISATION: TAPPING INTO

ALTERNATIVE SOURCES OF FUNDI NG

l Islamic securitisation transaction structure

l Shariah concepts applied in the transaction l Capitalising on the interest of Islamic investors via

Islamic Asset Securitisation

l Legal challenges and resolutions

Hamdi Abdullah, Partner


11.50 INDEFEASIBILITY OF TITLE IN PENINSULAR MALAYSIA

– PENETRATING THE DARK CLOUDS

l Security of Tenure – why is it vital to the economy?

l Indefeasibility under the National Land Code –

Concept, rationale and limitations

l Vitiating circumstances resulting in indefeasibility

l Protecting the Bona Fide Purchaser – Why and when?

l The Boonsom Boonyanit affai r – Was justice done?

l Prospects for correction or reform – Judicial or

legislative?

l The future of Malaysian Torrens System

Professor Salleh Buang, Senior Advisor

SAGE BUSINESS SERVICES

12.35 LUNCH

2.00 THE IMPLICATIONS OF THE EMPLOYEE PROVIDENT

FUND’S (EPF) IMPLEMENTATION OF THE NEW

MONTHLY HOUSING WITHDRAWAL SCHEME

l Exploring the withdrawal scheme to be implemented

in January 2008 which enables members to utilise

their savings from Account 2 to pay for monthly

housing installments

l EPF guidelines on fund withdrawals

l Legal issues arising out of this new implementation

l Implications for contributors

l Capitalising on opportunities arising out of this new

implementation

Zuhaidi Mohd Shahari, Senior AssociateAZMI & ASSOCIATES

DAY TWO

31 JANUARY 2008 I THURSDAY



This high profile event provides your company with the unique

opportunity to capture the interest and influence the decisions

of a highly targeted audience. Capitalise on this ideal platform

to market your services and form strategic relationships through

networking. Sponsorship and Exhibition options include:

k Luncheon k Cocktail Reception k Documentation

k Table-top Display k Promotional Materials

SPONSORSHIP AND

EXHIBITION OPPORTUNITIES

FOR ENQUIRIES

TEL: (603) 2070 3299 OR FAX : (603) 2070 3369

.45 SUSTAINABLE DEVELOPMENT – HOW TO MAKE IT A

REALITY?

l What is sustainable development and why is there a

need to implement sustainable development?

l Governing law and prevailing practices in land and

housing development procedures

l Related domestic policies supporting sustainable

housing development

l Integrating existing policy objectives into the National

Environment Policy

l Implementing policies, guidelines, strategies andplans for sustainable development

l Integrating environment and development factors in

decision making

l Different approaches that can be adopted to achieve

the goal of sustainable development

Geet ha P. Kumaran, Lead Consultant

EUROPASIA ENGINEERING SERVICES

.30 AFTERNOON REFRESHMENT

.45 CRITICAL CONSIDERATIONS IN EFFECTING AN

ENFORCEABLE LIEN HOLDER’S CAVEATl The legality of a lien holder’s caveat

l The problems with enforcement of the said lien

l The difference between a charge and a lien

l The creat ion of a proper lien

Joshua Kevin, Partner, Litigation

SYED ALWI, NG & CO

.30 FINDING A WI N-WIN SITUATION IN OBTAINING

PLANNING APPROVALS FOR LAND DEVELOPMENT

l The significance of the development order

l Matters surrounding the obtaining of clearances

before development order

l Negotiating planning approvals

AR. Sr. Akbal Singh Sandhu

Chartered Architect, Chartered Town Planner, Chartered

Surveyor and Practicing Arbitrator and Principal

BINARANCANG ARCHITECT AND CHARTERED TOWN

PLANNERS

and Principal

BIS (BUILDING INSPECTION SERVICES)

.15 END OF CONFERENCE

KEY BENEFITS OF ATTENDING

4 IDENTIFY potential future developments and

investment opportunities in the Malaysian land and

property development

4 DISCOVER how to create mechanisms for effective

land management

4 KEEP ABREAST of land acquisition procedures and

housing developments in Malaysia

4 ANALYSE the complexities of the issue of indefeasibility

of title in Peninsular Malaysia

4 CAPITALISE on the Employee Provident Fund’s

implementation of the new monthly housing

withdrawal scheme

4 GAIN insights to the valuable perspectives on thedevelopments in Malaysian Land Law

4 ASSESS your legal protection available under the

housing development legislation

4 MASTER how to minimise exposures and maximise

benefits with an effective taxation framework

4 LEARN how to negotiate planning approvals

4 PARTICIPATE in an exciting panel discussion on

developing an effective land administration system

4 LEVERAGE on this golden opportunity to meet

your industry peers and broaden your horizon by

networking with renowned industry leaders

WHO SHOULD ATTEND

l Managing Directors / Chief Executive Officers

/ Directors / General Managers in the Property

Development and Construction Industries

l Property Managers

l Real Estate Managers

l Managers in Government Agencies

l Construction Project Managers

l Legal Counsel, Advisors, and Conveyance Lawyers

l Property and Housing Developers

l Builders and Constructors

l Building Consultants

l Surveyors / Valuers

l Property Consultants

l Tax Advisors



KEEP ABREAST ON NEW AREAS OF OPPORTUNITIES

AND DEVELOPMENTS IN THE MALAYSIAN LAND LAW

DON’T DELAY! REGISTER NOW FOR EARLY BIRD DISCOUNT!Call us at (603) 2070 3299 or fax your registration to (603) 2070 3369 or Email to [email protected] to register today!

THIS CONFERENCE WILL ENABLE YOU TO:

n Update on the latest legal information on Malaysia Land Law. Learn about Strata property management, the

latest amendments to the Strata Titles Act, and the roles, responsibilities and powers of the relevant parties.

Understand the legal rights of developers as well as property owners to avoid pitfalls and difficult situations

arising from land disputes.

n Analyse issues of tax legislation relating to land transactions and be equipped to minimise tax incidences

and develop cost-effective tax management for your business. Participate in a panel discussion to grasp

critical issues involved in developing an effective land administration system and explore possible solutions

to persistent problems. Understand the concept, rationale and limitations of indefeasibility under the

National Land Code and analyse the prospects for judicial or legislative reform. Discover winning solutions in

negotiating and obtaining planning approvals for land development.

n Discover how you can capitalise on opportunities arising from new development trends: Learn how to make

sustainable development a business reality, use REITs as a strategy to turn real estate into an investment

product, capitalise on EPF’s implementation of the monthly housing withdrawal scheme and explore

alternative sources of funding for your development projects.

Land and property developments remain one of the key contributors

to the national economy, generating multi-million of Ringgit inprofits. However, land management and development are often

fraught with tedious rules and regulations, resulting in the myriad

of complicated issues and legal battles. It is therefore imperative to

be equipped with the latest rules, regulations and issues relating to

and arising from land management and development in order to

avoid legal pitfalls in your land administration as well as capitalise

on emerging opportunities.

This Conference will provide a comprehensive coverage of the latest

regulatory and legal issues relating to the current developments,

trends and challenges concerning Malaysia Land Law and itsimplications affecting your business and investments. You will

not only understand challenges and requirements to comply with

regulatory framework but also be able to discover an array of

opportunities.

This 2-day practical and information-packed Conference on MALAYSIA LAND LAW organised by the

Asia Business Forum will provide an excellent platform for you to meet, hear and learn from a panel of

outstanding speakers from leading organisations who are experts and specialists in this field.

Whether your interests are in residential, commercial, industrial or plantation, and whether as property

owner, developer, investor or manager, by attending this Conference you are guaranteed to walk away

with new ideas and practical strategies, solutions and foresight to move forward and execute plans in

order to enhance your bottom line. Don’t miss out on this opportunity to gain pertinent knowledge,

have your questions answered and network with the professionals.



REGISTRATION FORM 5 EASY WAYS TO REGISTER

MALAYSIA LAND LAW30-31 January 2008

JW Marriott Hotel, Kuala Lumpur, Malaysia

c Yes! Please register the following delegate(s) for this

Conference (Please photocopy for more delegates)

c I am unable to attend but please put me on your mailing list

c I am interested in Sponsorship/Exhibition Opportunities

ame:(Dr/Mr/Mrs/Ms): ____________________________________

b Title:________________________________________________

mail:___________________________________________________

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mail:___________________________________________________

ame:(Dr/Mr/Mrs/Ms): ____________________________________

b Title:________________________________________________

mail:___________________________________________________

pproving Manager:_____________________________________

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mail:___________________________________________________

ompany:_______________________________________________

ddress:_________________________________________________

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el:________________________Fax:__________________________

ooking Contact:_________________________________________

mail: __________________________________________________

ature of Business:________________________________________

ompany Web site:________________________________________

ONFERENCE VENUE AND ACCOMMODATION INFORMATION

W Marriott Hotel, Kuala Lumpur, Malaysia

83 Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia

el:(603) 2715 9000 Fax:(603) 2715 7012

ebsite: www.ytlhotels.com

tn: Room Reservation Department

r reservations, please make your bookings directly with the hotel. To enjoy

e special room rates, please quote Asia Business Forum’s Conference on

Malaysia Land Law”. Hotel bills are to be settled by delegates directly with

e hotel. Hotel reservations and travel arrangements are the responsibilities

the registrant. Please note that rooms are available on a first-come-first-

rved basis.

CORRECT MAILING INFORMATION

s possible that you may receive multiple mailings of this event or incorrect

mpany details on the labels, for which we apologise. If this happens, please

us know so that we can update our database immediately. If you do not

sh to have your name on our mailing list, please let us know and we willmove it from our listing.

PORTANT NOTICE: Due to the provisions of the DIRECT SALES ACT 1993, the registration form

ein shall only be used by body corporate. Since Asia Business Forum Sdn Bhd is unable to accept

istration by mail from any individual, all individuals and applicants who are not body corporate and

o wish to attend are requested to register themselves at Suite 20.05, Level 20, Wisma Goldhill, 67

an Raja Chulan 50200 Kuala Lumpur, Malaysia or call (603) 2070 3299 for registration procedure.

Telephone: (603) 2070 3299

Fax: complete and send this registration form

to: (603) 2070 3369

Mail: this completed form together with payment to:

Asia Business Forum Sdn Bhd

Suite 20.05, Level 20, Wisma Goldhill, 67 Jalan Raja

Chulan, 50200 Kuala Lumpur, Malaysia

Email: [email protected]

WEB: http://www.abf-asia.com

Your investment for attending this Conference is:

Conference Only

Regular Fee(Payment after

28 December 2007)

Early Bird Fee(If payment & registration are

received by 28 December 2007)

RM3,495 RM3,195

The fee includes lunch, refreshments and conference documentation.

Note: For payment by Local Order, early bird fee will only apply if

the local order is executed and payment fully released to us on or

before the early bird deadline.

Group Discount: Enjoy a group discount of 10% for 3 or more

delegates registered at the same time from the same organisation

and of the same billing source.

PAYMENT METHODS

c Please cross cheque or bank draft made payable to ASIA

BUSINESS FORUM SDN BHD and mail your payment together

with this registration to Suite 20.05, Level 20, Wisma Goldhill,

67 Jalan Raja Chulan 50200 Kuala Lumpur, Malaysia.Enclosed is our cheque/draft for RM ______________________

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Important Notice: Payment is required with registration and must be received prior

to the conference to guarantee your place. Walk-in delegates with payment will only

be admitted on the basis of space availability at the conference and with immediatefull payment.

CANCELLATIONS AND TRANSFERS

If you are unable to attend, a substitute delegate is welcomed at no

extra charge. Please provide the name and the title of the substitute

delegate at least 2 working days prior to the Conference. A refund less

RM400 administration charge will be made for cancellation received

in writing on or before 10 January 2008. Regrettably, no refund can

be made for cancellation received after this date. A complete set of

documentation will however be sent to you.

The organiser reserves the right to make any amendments and/or

changes to the programme, venue, speaker replacements and/or

topics if warranted by circumstances beyond its control.

FOR OFFICIAL USE

FEE R ECEIVED ADMISSION FORM SENT 9469M/HH/GH

B&I

Seminar Landlaw

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