Han Kuan & Co.

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Contact information, map and directions, contact form, opening hours, services, ratings, photos, videos and announcements from Han Kuan & Co., Lawyer & Law Firm, E-13-17, Plaza Mont Kiara, No. 2, Jalan Kiara, Mont Kiara, Kuala Lumpur.

27/08/2026

A little break from work to enjoy some good food 🍣🥢

Happy Birthday to our August babies, Lim Xin and Li Kee! 🎂🥳

20/08/2026

Arbitration: “A Step” in the Right Direction?
The Federal Court’s recent decision in Universiti Malaya v ESA Jurutera Perunding Sdn Bhd [2026] 4 MLJ 418 addresses a practical issue many businesses face: what happens if you are sued in court despite having an arbitration clause in your contract, and you take some early steps in the court case before deciding how to proceed.
In this case, Universiti Malaya engaged ESA Jurutera Perunding as an engineering consultant for a construction project. Their contract required disputes to be resolved by arbitration in Kuala Lumpur. Years later, Universiti Malaya alleged that ESA had failed in its duties and caused project delays. Instead of commencing arbitration, Universiti Malaya filed a lawsuit in the High Court.
ESA, upon being served, entered an appearance to avoid default judgment, requested more time to file its defence, and asked Universiti Malaya to provide documents mentioned in the claim. Once ESA received those documents and understood the claim better, it issued a Notice of Arbitration and applied to the court to stay the lawsuit and refer the matter to arbitration. Universiti Malaya argued that ESA’s actions meant it had already chosen to fight the case in court, but the Federal Court ultimately disagreed.
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14/08/2026

When Can a Liquidator Challenge a Transaction? A Framework for Determining the Applicable Twilight Period

When a company enters liquidation, certain transactions entered into before the commencement of winding up may be challenged by the liquidator. Such challenges are, however, subject to statutory "look-back" periods, commonly referred to as "twilight periods", during which transactions may be reviewed and, where appropriate, set aside.

The analysis appears straightforward: determine whether the transaction falls within the relevant twilight period. In reality, however, the inquiry begins one step earlier. The Court must first characterise the transaction in law before identifying the applicable twilight period.

The Federal Court addressed this issue in Silver Corridor Sdn Bhd v Gallant Acres Sdn Bhd & Anor [2016] 7 CLJ 823. In interpreting section 293 of the Companies Act 1965 (now section 528 of the Companies Act 2016), the Court explained that the provision incorporates the relevant avoidance provisions under the Bankruptcy Act 1967 (now the Insolvency Act 1967), particularly sections 52 and 53. Importantly, each provision governs a different category of transactions.

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07/08/2026

Our client is a fully owned subsidiary by an intermediate parent company, and the intermediate parent company is fully owned by a public listed company. Due to the multiple layers of corporate ownership involved, our client’s Bumiputera-controlled status is ascertained by reference to the company’s Section 68 Annual Return Form (Particulars of Shareholding Analysis), which clearly states the no. of shares and percentage of shareholding under Malays and natives.

Key Supporting Requirements
In considering the Bumi Consent application in order to transfer from Bumi to non-Bumi, the State Authority would require the applicant to demonstrate valid grounds for the transfer.

One of the grounds in Arahan Pengarah Tanah dan Galian Selangor Bil. 2/2012 is that the applicant requires the sale proceeds to meet its financial needs. The application must also be supported by relevant evidence, including:
(a) Proof that the Bumiputera property remained unsold despite genuine marketing efforts;
(b) Financial documents substantiating the vendor's funding needs.

In this matter, we assisted our client by managing the required advertisements in both Malay and English media for the prescribed period.

Through proactive engagement with the relevant authorities, we also obtained approval to advertise on alternative online platforms instead of relying solely on conventional newspaper advertisements. This resulted in an approximately 75% reduction in advertising costs while ensuring compliance with the prescribed advertising requirements.

Throughout the process, we came to understand that a property which has been held for more than 10 years have higher chances of approval when assessing an application for Bumi Consent.

30/07/2026

We are pleased to have recently acted for the vendor in the disposal of an industrial property valued at RM8.6 million by a Bumiputera-controlled company to a non-Bumiputera controlled company.

As part of the Government's Bumiputera Quota Policy, a prescribed proportion of properties is reserved for eligible Bumiputera purchasers, who are also entitled to a prescribed Bumiputera discount.

Is the Property Subject to Bumi Consent?
In Selangor, leasehold properties with a restriction in interest endorsed on the title, is subject to obtain the Bumi Consent i.e. the consent of the Menteri Besar to transfer the property to a non-Bumiputera purchaser (‘Bumi Consent’). Should the Developer submit blanket consent application and categorise such property owner as Bumiputera purchaser, that will further affirm the status.

Bumiputera ownership could be under an individual or a Bumiputera-controlled company.

What is Bumiputera-controlled company?
A company qualifies as a Bumiputera-controlled company if it satisfies either of the following criteria:
(a) Bumiputera shareholders own more than 50% of the company’s equity; or
(b) Bumiputera shareholders own at least 35% of the company’s equity, provided that the company also has a Bumiputera Chairman, a Bumiputera Chief Executive Officer or Managing Director, and a board of directors comprising at least 51% Bumiputera directors.
Stay tuned for part 2 on how we ascertain our client who is under multiple layers of corporate ownership as Bumiputera owner and what are the requirements on obtaining the Bumi Consent.

23/07/2026

Recently, our Partner Lim Xin and pupil Alicia B**g assisted a family facing the challenge of two parcels of land that had remained untouched and still registered under the deceased owner's name for over three decades. Although a Grant of Letters of Administration was obtained soon after the owner's passing, the estate was never fully administered. Over time, the estate became increasingly complex, involving more than 20 beneficiaries spanning several generations, while circumstances surrounding the original administration had changed significantly.

Legal Complications and Requirements:

Due to these changes, the beneficiaries could not simply transfer the land. Before proceeding with estate administration, it was necessary to secure relevant High Court Orders, including updating the Grant of Letters of Administration to appoint new Administrators. Additionally, land title details had changed over the decades. Under the previous system, the Asset List containing land titles was not issued by the High Court but by Lembaga Hasil Dalam Negeri Malaysia. Therefore, amendments reflecting the latest land title details had to be filed with Lembaga Hasil Dalam Negeri Malaysia's headquarters in Cyberjaya.

Complicating matters further, the original Grant couldn’t be located. This required additional steps, such as lodging a police report and procuring supporting court documents before an amended Grant could be issued.

Resolution and Lessons Learned:

After completing the necessary legal applications, the family was finally able to move forward with transferring the remaining properties. This case highlights that obtaining a Grant of Letters of Administration is not the final step in estate administration. When an estate is left unattended for a long period, changes in circumstances can create additional legal hurdles, often resulting in more time-consuming and costly processes. Taking prompt action to administer an estate helps avoid unnecessary complications and ensures assets are transferred to the rightful beneficiaries without further delay.

17/07/2026

We are proud to share that Han Kuan & Co. has been recognised as the Best Emerging Law Firm 2026 by APAC Insider.

This recognition reflects the dedication of our team and the continued trust and support of our clients, business partners, and colleagues. We are sincerely grateful to everyone who has been part of our journey.

As we continue to grow, we remain committed to delivering practical, responsive, and high-quality legal services to our clients.

Thank you for being part of this milestone!

09/07/2026

We are pleased to share that the Firm recently succeeded in an appeal at the Court of Appeal, Putrajaya, in a cryptocurrency dispute. The Court of Appeal allowed the appeal, setting aside the decision of the High Court and restoring the Sessions Court’s judgment in favour of the Appellant.

The dispute arose from an investment arrangement relating to the mining of Ethereum (ETH), a cryptocurrency recognised in Malaysia. When the Respondent failed to transfer the cryptocurrency as agreed, the Appellant commenced proceedings to enforce the agreement for the Respondent to transfer the ETH. In restoring the Sessions Court’s judgment, the Court of Appeal ordered the Respondent either to transfer the ETH to the Appellant or to compensate the Appellant for the value of the cryptocurrency, together with interests and costs.

Notably, this is among the earliest decisions by the Court of Appeal in Malaysia concerning cryptocurrency-related disputes and contributes to the developing body of jurisprudence governing digital assets. As transactions involving digital assets (including cryptocurrency) continue to gain prominence, this decision affirms the readiness of the Malaysian courts to apply established legal principles to emerging technologies and new asset classes.

We acted for the successful Appellant in this matter and remain committed to delivering practical, commercially sensible and forward-thinking solutions in disputes.

Our Partner, Lim Kuan and Associate, Hoong Li Kee have acted in this matter.

01/06/2026

HKCO Firm Trip 2026 | 8.5.2026 – 10.5.2026 🌊

A pause between sky and sea.
Three days of conversations, celebrations, and chill. Recharged together, ready for what comes next.

14/05/2026

A little celebration on 30/4 for our Firm's 1st Anniversary and the Birthdays of our Partners, Reuben and Hao Han 🎂🍷
Cake, wine, good chats, and lots of laughter.
Just the way we like it!

Address

E-13-17, Plaza Mont Kiara, No. 2, Jalan Kiara, Mont Kiara
Kuala Lumpur
50480

Telephone

+60327294737

Website

http://www.hankuanlaw.com/

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