LATEST UPDATES AND DEVELOPMENTS IN

30 31 JANUARY 2008

CONFERENCE HIGHLIGHTS INCLUDE:

JW Marriott Hotel, Kuala Lumpur, Malaysia

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

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

WHO ARE SPECIALLY INVITED TO SHARE THEIR KNOWLEDGE AND EXPERTISE WITH YOU
Dr. Azimuddin Bahari, Director, Strata Management, Legal & Land Management
Development Division, Department of Lands and Mines

Geetha P. Kumaran, Lead Consultant, EUROPASIA ENGINEERING SERVICES

MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT

Hamdi Abdullah, Partner, LEE

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

S. Saravana Kumar, Advocate & Solicitor

BIS (BUILDING INSPECTION SERVICES)

Azlan Sulaiman, Partner, AZMI

Professor Salleh Buang, Senior Advisor, SAGE

K. Shanmuga, Partner, KANESALINGAM

Elvin Fernandez, Managing Director, KHONG

BUSINESS SERVICES

& JAAFAR

Joshua Kevin, Partner, Litigation, SYED ALWI,

NG & CO

HISHAMMUDDIN ALLEN & GLEDHILL

LEE HISHAMMUDDIN ALLEN & GLEDHILL

Christopher HW Wong, Partner, Banking & Conveyancing,

& ASSOCIATES
& CO

Nahzatul Ain Binti Mohd Khalid, Partner, KRISHNA,

Zuhaidi Mohd Shahari, Senior Associate, AZMI

Kwong Yook Fan, Group Company Secretary, FARLIM

GROUP

Lai Wing Yong, Partner, SHOOK

LIN & BOK

Ng See Eng, Licensed Land Surveyor, STUDIOUKUR

GEOMATICS

Billy Lee Chon Hoe, Partner, TEH

& LEE

Official Publications:
Organised By:

CHEANG & ARIFF

Supporting organisations:

KHALID & ASSOCIATES

& ASSOCIATES

Media Partner:

Stay updated on the Latest Deve

Day one

30 January 2008
8.00

Wednesday

REGISTRATION AND MORNING COFFEE

9.00
CHAIRPERSONS OPENING ADDRESS

Lai Wing Yong, Partner
SHOOK LIN & BOK
TOWARDS AN EFFECTIVE STRATA PROPERTY
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
9.10

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
9.55

10.40

MORNING REFRESHMENT

11.00

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

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 & Solicitor
LEE HISHAMMUDDIN ALLEN & GLEDHILL
11.45

12.30

LUNCH

1.30

THE CHALLENGES FACED BY DEVELOPERS ARISING

FROM CURRENT LEGISLATION GOVERNING LAND
DEVELOPMENT
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

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
3.30

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

lopments in the Malaysian Land

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 system
involved 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
4.15

Panelist:

Kwong Yook Fan, Group Company Secretary
FARLIM GROUP
Ng See Eng, Licensed Land Surveyor
STUDIOUKUR GEOMATICS

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 property market

l The issues that are promoting or hindering growth

l An overall assessment by way of a financial model
and 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. 00

10.50

MORNING REFRESHMENT

ISLAMIC ASSET SECURITISATION: TAPPING INTO

ALTERNATIVE SOURCES OF FUNDING

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
LEE HISHAMMUDDIN ALLEN & GLEDHILL
11.05

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 affair 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
11.50

5.15

END OF DAY ONE

Day two

31 January 2008
8.30
9.00

thursday

MORNING COFFEE
CHAIRPERSONS OPENING ADDRESS
Billy Lee Chon Hoe, Partner
TEH & LEE

12.35
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 & Conveyancing
CHEANG & ARIFF

LUNCH

9.10

THE IMPLICATIONS OF THE EMPLOYEE PROVIDENT

FUNDS (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 Associate
AZMI & ASSOCIATES
2.00

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

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 and
plans 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
Geetha P. Kumaran, Lead Consultant
EUROPASIA ENGINEERING SERVICES
2.45

3.30

AFTERNOON REFRESHMENT

3.45
CRITICAL CONSIDERATIONS IN EFFECTING AN
ENFORCEABLE LIEN HOLDERS CAVEAT

l The legality of a lien holders caveat

l The problems with enforcement of the said lien

l The difference between a charge and a lien

l The creation of a proper lien

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

FINDING A WIN-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)

5.15

END OF CONFERENCE

4.30

SPONSORSHIP and
EXHIBITION OPPORTUNITIES
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

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 Funds
implementation of the new monthly housing
withdrawal scheme
4 GAIN insights to the valuable perspectives on the
developments 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

For enquiries
Tel: (603) 2070 3299 or Fax : (603) 2070 3369

l Property Consultants
l Tax Advisors

Keep Abreast ON NEW AREAS OF OPPORTUNITIES

AND DEVELOPMENTS IN THE MALAYSIAN LAND LAW
Land and property developments remain one of the key contributors
to the national economy, generating multi-million of Ringgit in
profits. 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 its
implications 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.
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 EPFs implementation of the monthly housing withdrawal scheme and explore
alternative sources of funding for your development projects.

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. Dont miss out on this opportunity to gain pertinent knowledge,
have your questions answered and network with the professionals.

DONT DELAY! REGISTER NOW FOR EARLY BIRD DISCOUNT!

Call us at (603) 2070 3299 or fax your registration to (603) 2070 3369 or Email to puvanes@abf-asia.com to register today!

Registration Form

5 easy ways to register

Malaysia Land law

Telephone: (603) 2070 3299

30-31 January 2008

JW Marriott Hotel, Kuala Lumpur, Malaysia
c Yes! Please register the following delegate(s) for this

Conference (Please photocopy for more delegates)

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to: (603) 2070 3369

c I am interested in Sponsorship/Exhibition Opportunities

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Asia Business Forum Sdn Bhd

Suite 20.05, Level 20, Wisma Goldhill, 67 Jalan Raja
Chulan, 50200 Kuala Lumpur, Malaysia

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Email: puvanes@abf-asia.com

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(Payment after
28 December 2007)

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Conference Only

RM3,495

Early Bird Fee

(If payment & registration are

received by 28 December 2007)

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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Conference Venue and Accommodation Information

JW Marriott Hotel, Kuala Lumpur, Malaysia
183 Jalan Bukit Bintang, 55100 Kuala Lumpur, Malaysia
Tel:(603) 2715 9000
Fax:(603) 2715 7012




Website: www.ytlhotels.com
Attn: Room Reservation Department

For reservations, please make your bookings directly with the hotel. To enjoy
the special room rates, please quote Asia Business Forums Conference on
Malaysia Land Law. Hotel bills are to be settled by delegates directly with
the hotel. Hotel reservations and travel arrangements are the responsibilities
of the registrant. Please note that rooms are available on a first-come-firstserved basis.

Incorrect Mailing Information

It is possible that you may receive multiple mailings of this event or incorrect
company details on the labels, for which we apologise. If this happens, please
let us know so that we can update our database immediately. If you do not
wish to have your name on our mailing list, please let us know and we will
remove it from our listing.
IMPORTANT NOTICE: Due to the provisions of the DIRECT SALES ACT 1993, the registration form
herein shall only be used by body corporate. Since Asia Business Forum Sdn Bhd is unable to accept
registration by mail from any individual, all individuals and applicants who are not body corporate and
who wish to attend are requested to register themselves at Suite 20.05, Level 20, Wisma Goldhill, 67
Jalan Raja Chulan 50200 Kuala Lumpur, Malaysia or call (603) 2070 3299 for registration procedure.

Card Holders Name ___________________________________

Signature __________________Expiry Date_______/________

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 immediate
full 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 Received

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REIDIN
Copyright @ October 2007