Zaid Ibrahim & Co (in association with KPMG Law)

As a member firm of KPMG Law, the firm provides clients direct access to a network of more than 300 lawyers in all 10 ASEAN countries with the relevant local law expertise.

Main Areas of Practice: 

• Banking & Finance

• Communications, Media & Technology

• Competition Law

• Compliance & Governance

• Corporate & Commercial

• Corporate Finance & Securities

• Debt Capital Markets

• Employment & Human Capital

• Intellectual Property

• Islamic Financial Services

• Law Reform & Government Advisory

• Litigation & Dispute Resolution

• Projects, Infrastructure & Utilities

• Real Estate

• Private Client Services

Banking & Finance: The firm is a leading banking and finance practice. It assists local and foreign banks and financial institutions, and borrowers and other clients, including insurance companies, hedge funds and corporations, on all aspects of structuring, negotiating and documentation of all types of banking and finance transactions. This includes project financing involving infrastructure, power plants, water supply and distribution systems, toll roads, highways, railways and airports, as well as domestic and cross border syndicated lending and borrowing, export finance, structured trade finance, asset financing and leasing for aircraft and ships.

The firm’s banking and finance lawyers also advise on exchange-traded and over-the counter (OTC) products, including swaps, options, forwards, repos, futures, structured products and derivatives-based securities products such as equity derivatives and credit derivatives. The firm advises on the regulatory and compliance aspects in the structuring, origination, dealing, marketing and sale of financial and derivatives products and services. As more and more banking and finance transactions frequently involve an element of derivatives, whether for risk management, credit enhancement or other purposes, the firm’s cross-disciplinary approach and expertise in banking and finance often complements and enhances the assistance which it can render in respect of such derivatives.

Communications, Media & Technology: The firm’s practice is focused in the areas of communications and multimedia, fintech, information technology, e-commerce and e-banking, data protection, payment systems and digitalisation to help our clients succeed in today’s environment, not just by understanding the factors that drive change but by implementing practical solutions that enhance productivity, competitiveness and value. The firm has advised domestic and international clients in these areas, as well as clients in other industries like financial institutions, in their procurement of IT solutions and outsourcing, facilities management and software and hardware systems acquisitions. In addition, the firm advises the Government and regulators on regulatory policy in the digital economy.

With the breadth of the firm’s experience, including experience in working with industry regulators, the team is able to provide the requisite expertise and insight into the commercial and regulatory environment of these industries.

Competition Law: We are in a unique position to advise clients on competition issues, having advised the Government on the public consultations and drafting of the Competition Act 2010, the Competition Commission Act 2010 and the Malaysian Aviation Commission Act 2015 which introduces sector-regulated competition law, including a merger framework. Prior to these recent legislation, we have been advising on competition issues under the Communications and Multimedia Act 1998.

The firm remains engaged with the Malaysian Communications and Multimedia Commission as well as the Malaysia Competition Commission and can advise clients promptly with the latest regulatory developments and policies.

Compliance & Governance: The firm’s practice combines legal expertise and practical business insights to help clients navigate through complex compliance laws and regulatory procedures. From risk identification to risk mitigation, the firm works with clients to craft solutions that will minimise compliance risks while optimising business performance. The firm’s services integrate a holistic approach that covers the whole cycle of compliance risk management, from designing customised awareness programs to advisory to compliance process development to regulatory action response.

Corporate & Commercial: The firm’s experienced and dedicated team of lawyers in the firm’s corporate practice are renowned for delivering practical, prompt and commercially viable advice to clients which range from leading domestic and international corporations to small growing businesses. They advise on the full spectrum of corporate and commercial work, including mergers and acquisitions, joint ventures and shareholder arrangements, capital markets transactions, corporate restructuring and insolvency and general advisory. The firm’s expertise has led it to being involved in many highly complex domestic and cross border transactions covering various industry sectors.

Corporate Finance & Securities: This is a leading firm in the equity capital market space and has been consistently and highly ranked in regional and international publications. The firm’s specialised team provides experienced counsel on complex structures and issues pertaining to equity capital market transactions, related securities and company laws, licensing regimes and the regulatory requirements of the Securities Commission, Bursa Malaysia Securities Berhad (the Malaysian stock exchange), Bank Negara Malaysia (the Central Bank of Malaysia) and Labuan International Business and Financial Centre governing.

The firm regularly advises issuers, underwriters, placement agents, arrangers, managers, trustees, investors and other market participants on a wide variety of domestic and international equity capital market transactions including initial public offerings, rights issues, placement issues and equity issues involving business trusts, Real Estate Investment Trusts (REITs), exchange traded funds as well as equity linked derivatives such as structured warrants. The firm’s familiarity with this area enables it to be innovative in its advice, and to manage the complexities of increasing cross-border securities offerings. This includes advising on the first dual primary listing of a Malaysian corporation on Bursa Malaysia Securities Berhad and the Hong Kong Stock Exchange.

The firm is also experienced in the establishment, structuring and management of conventional and Shariah-compliant funds and innovative in its approach to advising both general partners and limited partners, private equity houses, financial institutions and investors.

Debt Capital Markets: The team is consistently ranked in the top tier in international publications in the area of capital markets. The firm is a leading practice in this field and has advised on a whole range of debt capital market instruments from plain vanilla bonds and sukuk to equity linked and quasi equity securities, asset backed securities, bank capital instruments, structured products, sustainable and responsible investment (SRI), debt instruments and project finance involving green bonds and sukuk as well as sovereign sukuk. The firm has been involved in many award-winning, complex and novel transactions where we work with international and local banks, corporates and other advisers from developing and structuring a transaction to financial close, and thereafter liability management, tender offers, exchange offers, consent solicitations and restructuring.

Led by partners who are recognised as leading lawyers in a number of regional as well as international publications for many consecutive years, the team’s depth and breadth of experience and familiarity with the requirements of regulators and trends in the industry have earned the firm a reputation as the go to firm in this area.

Employment & Human Capital: The firm’s employment lawyers have in-depth knowledge of the laws surrounding employment issues and we advise local and multi-national companies on a wide spectrum of employment matters, including during a merger or reorganisation exercise, reviewing internal human resource policies, or advising on incentive schemes, recruitments and terminations, dismissals and discrimination, disciplinary issues, union issues or general compliance with employment laws. The firm’s work in this area also extends to representing clients in the Malaysian courts for any contentious employment matters. The broad experience of its lawyers enables it to offer clients swift, practical and commercially viable solutions and advice on employment law issues.

Intellectual Property The firm has a full service intellectual property practice led by top ranked IP personalities whose decades of experience provide depth and breadth of expertise across many industry sectors. The practice covers all facets of IP ranging from trade mark, patent and design prosecution and registration, copyright and trade secret protection, dispute resolution, anti-counterfeiting and enforcement to licensing and transactional IP as well as IP compliance and regulatory advice.

The firm combines technical excellence with appreciation of commercial issues facing clients to provide practical and effective solutions. The firm’s IP specialists have represented clients from a wide range of sectors including automotive, pharmaceutical, biotechnology, consumer products, food and beverage, luxury goods, telecommunications, financial services, IT, publishing, media, entertainment and hospitality.

Islamic Financial Services: The firm’s Islamic Financial Services team advises on the legal and regulatory framework governing Islamic financial products ranging from compliance, product design, structuring as well as documentation and operation. The firm’s in-depth understanding of the religious legal principles governing Islamic financial services, and ability to deal with the nuances of Islamic financing transactions, which includes balancing jurisdictional issues, commercial motivations, taxation and other regulatory considerations, make the firm well-positioned to advise clients in exploring new frontiers and negotiating the complex legal, cultural and practical landscapes of Islamic financial services across Asia.

Law Reform & Government Advisory: The firm has been involved in law reform and industry restructuring at both domestic and international levels and have advised various national and international organisations including regional development authorities, asset management companies, the Government and government-linked companies. As part of the firm’s law reform work, it conducts feasibility studies and Regulatory Impact Analysis. In-depth understanding of policy intent and experience in working with regulators give the firm an edge in advising its clients on a diverse set of sectors, which includes electricity, transport, water, wastewater, waste management, land development, shipping, e-commerce and e-government.

Litigation & Dispute Resolution: Disputes take on many forms. The firm’s litigation and disputes practice work cover a broad range from personal rights to commercial disputes and corporate concerns. In the firm’s focus to help clients, the team will balance the commercial objectives of its clients against the legal, commercial and reputational risks that are inherent in any dispute. The firm takes pride in having core team members who are amongst the senior members in their field of expertise, with reported cases in various law reports and journals.

The team has advised and acted for both Federal and State Governments as well Malaysian and foreign individuals and corporations, including top-tier Malaysian anchor banks and global financial institutions. The team regularly appears at all levels of its local courts and tribunals. The team also has experienced lawyers who have appeared at various local and international dispute resolution forums including the Singapore International Arbitration Centre, Asian International Arbitration Centre, International Court of Justice and the ICC International Court of Arbitration.

Projects, Infrastructure, & Utilities: The firm’s Projects, Infrastructure and Utilities practice was one of the pioneers in legal consultancy services on privatisation and infrastructure projects in Malaysia. This practice group continues to enjoy a strong reputation, being consistently ranked by regional and international legal publications. It has a team of lawyers experienced in diverse sectors – conventional electricity and renewable energy, water, oil and gas, construction and engineering, land transportation and land development.

The firm’s involvement from the start of a project provides a backdrop to structuring and negotiating a set of project agreements that meet the investment objectives of the project promoter and the requirements of project financing so that the project achieves its final close. Its strength in providing specialist advice spanning from policy and regulation to project structuring and development, energy procurement, financing, due diligence and the assessment of risks enables it to play a lead role between policy makers and clients, linking and closing gaps between the goals of the Government and their potential impact on clients. This involves navigating regulations, facilitating bids, and formulating concessions for some of the largest developers and multinational corporations in Malaysia and the wider region.

Real Estate: The firm’s clients can expect professional counsel and in-depth expertise when it comes to real estate and transactions relating to it. Whether it be buying or selling, operating or investing, the firm possesses the requisite industry know-how and skill to execute the task at hand. It has advised on areas covering acquisitions and disposals, leasing and tenancies, property developments real estate funds, REITs as well as facilitated the development of special economic zones and corridors.

The firm represents domestic and international investors, private and public real estate companies, government linked companies, funds, developers and financial institutions in a full range of real estate and real estate related transactions from initial acquisition and through to final divestment.

Commercial real estate has been an integral part of the firm’s practice since the firm was founded. The firm’s portfolio comprises of single and multi-properties acquisitions and disposals, retail malls, hospitality and leisure, logistics, residential and commercial projects and real estate funds. The firm’s clients value its regional strength and knowledge of local markets.

Private Client Services: In line with increasing awareness of the importance of planning, the firm has built up a practice of advising settlors, founders and corporates in the use of trusts and foundations in private wealth planning, asset protection, corporate exercises, restructurings and philanthropic purposes. The firm also advises trustees in their fiduciary duties, obligations and discretionary powers in administering trusts and foundations and their rights vis a vis beneficiaries. The firm is also experienced and has assisted in the set-up of charitable organisations using permitted legal structures including the company limited by guarantee, the incorporated trustee and the Labuan foundation.

Regional Presence across ASEAN: KPMG Law is a network of leading independent local law firms with a full presence in 18 cities across all 10 ASEAN member countries. With over 300 lawyers operating in Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand and Vietnam, ZICO Law is able to provide clients the relevant local expertise and regional insights.