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 Dr. Azimuddin Bahari, Director, Strata Management, Legal & Land Management Development Division, Department of Lands and Mines MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT 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) Professor Salleh Buang, Senior Advisor, SAGE BUSINESS SERVICES Elvin Fernandez, Managing Director, KHONG & JAAFAR Joshua Kevin, Partner, Litigation, SYED ALWI, NG & CO Kwong Yook Fan, Group Company Secretary, FARLIM GROUP Ng See Eng, Licensed Land Surveyor, STUDIOUKUR GEOMATICS Geetha P. Kumaran, Lead Consultant, EUROPASIA ENGINEERING SERVICES Hamdi Abdullah, Partner, LEE HISHAMMUDDIN ALLEN & GLEDHILL S. 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 2008 JW 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: 8.00 REGISTRATION AND MORNING COFFEE 9.00 CHAIRPERSONS OPENING ADDRESS Lai Wing Yong, Partner SHOOK LIN & BOK 9.10 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 9.55 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 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 FOR ENQUIRIES AND REGISTRATION: Fax (603) 2070 3369 or Call (603) 2070 3299 STAY UPDATED ON THE LATEST DEVELOPMENTS IN THE MALAYSIAN LAND 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 & Solicitor LEE HISHAMMUDDIN ALLEN & GLEDHILL 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 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 4.15 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 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 Panelist: Kwong Yook Fan, Group Company Secretary FARLIM GROUP Ng See Eng, Licensed Land Surveyor STUDIOUKUR GEOMATICS 5.15 END OF DAY ONE 8.30 MORNING COFFEE 9.00 CHAIRPERSONS OPENING ADDRESS Billy Lee Chon Hoe, Partner TEH & LEE 9.10 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 & Conveyancing CHEANG & ARIFF FOR ENQUIRIES AND REGISTRATION: Fax (603) 2070 3369 or Call (603) 2070 3299 STAY UPDATED ON THE LATEST DEVELOPMENTS 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 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 10.50 MORNING REFRESHMENT 11.05 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 11.50 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 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 12.35 LUNCH 2.00 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 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 2.45 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 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 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 4.30 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 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 l Property Consultants l Tax Advisors KEEP ABREAST ON NEW AREAS OF OPPORTUNITIES AND DEVELOPMENTS IN THE MALAYSIAN LAND LAW 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! 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. 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. 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. REGISTRATION FORM 5 EASY WAYS TO REGISTER MALAYSIA LAND LAW 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) c I am unable to attend but please put me on your mailing list c I am interested in Sponsorship/Exhibition Opportunities Name:(Dr/Mr/Mrs/Ms):____________________________________ Job Title:________________________________________________ Email:___________________________________________________ Name:(Dr/Mr/Mrs/Ms):____________________________________ Job Title:________________________________________________ Email:___________________________________________________ Name:(Dr/Mr/Mrs/Ms):____________________________________ Job Title:________________________________________________ Email:___________________________________________________ Approving Manager:_____________________________________ Job Title:________________________________________________ Email:___________________________________________________ Company:_______________________________________________ Address:_________________________________________________ ________________________________________________________ Tel:________________________Fax:__________________________ Booking Contact:_________________________________________ Email: __________________________________________________ Nature of Business:________________________________________ Company Web site:________________________________________ 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 rst-come-rst- served 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. 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: puvanes@abf-asia.com 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 ______________________ c Credit Card (AMEX ONLY) Please debit my Amex Card Number:
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 ADMISSION FORM SENT 9469M/HH/GH B&I Copyright @ October 2007