Business Tenancy Agreements & Effective Debt Recovery

22-23 Nov, 2021, Virtual Classroom Training

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Learn from the Best

COURSE LEADER 1
AMBIGAH KRISHNAN
LL.B (Hons) London, Certificate In Legal Practice (Malaysia), TESOL (Canada).

 

Ambigah Krishnan has more than 15 years of training and corporate experience on Law topics. She is a PSMB licensed corporate trainer [Licence No TTT/3886] and Corporate Legal Adviser who has vast professional experience in the training industry. She has excellent communication, writing, people and class management skills.

 

Work Experience
Ambigah Krishnan is an experienced lawyer and trainer and has been involved in civil litigation, Tenancy law, Employment matters, Employment Law and IR, Contract management, Contract Drafting, Company matters, Corporate, Banking issues and Testamentary issues including the writing of Wills. She has trained and lectured for private companies and government entities. Participants made up of managers, CEOs, CFOs, corporate and government support staff and executives.

 

Areas Trained
She has conducted various training programs on Tenancy laws and Procedure, Drafting Commercial Contracts and Terms [Advance Level], Personal Data Protection Act 2010 & Standards 2015 and is experienced in project management on Personal Data Protection Compliance implementation, Employment law including mock Industrial hearings of Domestic Inquiries, Law relating to Termination under Malaysian Labour law, Employment Law for HR and Non HR Managers, Seminar on Prevention of Staff Fraud in association with PDRM, Entrepreneur seminars for fresh graduates and business community.

 

She has trained for the Federation of Manufacturers of Malaysia (FMM) in areas of Contract law.

 

Ambigah is also actively involved with her legal consultation especially in the corporate field.

 

Ms. Ambigah’s forte in conducting legal programs is that she enhances Legal programs with Legal Practitioner’s advice and opinions. She also shares her experience as Legal advisor and Litigation lawyer to be part of teaching of legal programs.
She is able to combine the elements taught in a specific program both soft skills and Legal with real life requirements for those on the job.

 

Industry Experience
Trained for Telecommunication sector, Health sector, Finance sector, Government of Malaysia, Insurance sector, Education sector [Universities and colleges], Government Linked Companies, Auto Industry sector and Manufacturing sector.

COURSE LEADER 2
MR. K. Pathmanathan, has 25 years of experience in the field of training and education. He is a hands-on, bilingual trainer who graduated with LL.B (Hons) from the University of London and the CLP (Mal.) In his 22 years, he has trained personnel from various companies and levels, especially top level management in various areas of law including contract management, credit control and debt recovery.

 

After attending his Debt Recovery programs, many companies have acknowledged the fact that their debt collection has actually improved. They have supported his training programs by sending more and new personnel to gain more knowledge about these techniques.

 

His goal in conducting this program is to ensure that your company has a more effective and rewarding system in debt collection, to minimize outstanding debts and to ensure that the participants are able to manage debt recovery even to the legal stage, especially landlords.

 

Participants have found his training programs to be interesting, highly effective and practical for their daily duties. These have been manifested in the post-training evaluation reports and the strong recommendation by participants for others to attend Mr. Pathma’s programs. He has a personal commitment to help individuals and organizations to achieve their highest potential and vision.

 

He has excellent classroom management skills and is able to bring out the extrovert in participants resulting in in-depth lasting results. Mr. Pathmanathan has been conducting the Debt Recovery training program for the last 15 years

 

He is extremely proficient in his subject matter and well sought after by the corporate sector.

 

His clients are mostly from the petrochemical industries, manufacturing sectors, banking, telecommunications, consumer products and services industries namely big corporate companies such as Petronas, PSMB, Tenaga Nasional, Jabatan Air, Telekom, TM Touch, Hitachi, Tioxide (M) Sdn. Bhd., Nippon Oil Exploration, Hewlett Packard, Penang Port, Penang Bridge Sdn Bhd, Measat Broadcasting Network Systems, Sony, Infineon Technologies, STEC, Wong Engineering, Silterra, Teknik Janakuasa, B Braun, Bax Global, Transocean Malaysia, Harbour Board – Sarawak, Silitek Corporation, Mattel (M), United Sweethearts Garment, Yan Jin (M), BAX Global, Circle Freight, Kintetsu Air Services, Bayview Beach Resort, Cititel Penang, Evergreen Laurel Hotel, DIC Compounds, Sitt Tatt Co, Tim Electronics, Petronas Fertilizer (Kedah) and its subsidiaries, Fed Ex, GD Express, H. K. Lamtech, Advance Sound Products, Paramount Engineering, Motosikal & Enjin Nasional Berhad (Modenas), Yamaha and Sime Tyres International to name a few. Participation from the Government sectors include those from the Land Department, Risda, Felda, Lembaga Hasil Dalam Negeri, Tentera Laut Diraja Malaysia, Jabatan Kesihatan PP, Customs Department, Local Councils and other government agencies.

 

Mr. Pathmanathan is a hands-on, bilingual trainer who graduated with LL.B (Hons) from the University of London in 1986 and the CLP (Mal) in 1987.

Venue Details

Virtual Classroom Training

Contact us

Juliany,
M - 012 2281 247
juliany@ipa.com.my

Michelle,
M - 019 363 7822
michelle@ipa.com.my 

FOR CUSTOMISED IN-HOUSE TRAINING
Yvonne,
M - 012 201 1247
yvonne@ipa.com.my

ADDRESS 
A-28-5, 28th Floor, Menara UOA Bangsar, 
No.5, Jalan Bangsar Utama 1, 
59000 Kuala Lumpur
www.ipa.com.my

FOCUSING ON
  • Tenancy Terms
  • Legal Effect Of The Standard Tenancy Agreement
  • Rights & Liabilities Of Landlord And Tenant
  • Landlord And Tenant Disputes & Remedies In Malaysia
  • Contracts Act 1950
  • Discussion On Scope of Liability In Tenancy Agreements
  • Analysing Yourself – Reshaping Personalities
  • Analysing Your Debtors
  • Review Of Documentation Held
  • Pre-Considerations To Recover Debts
  • Legal Procedures Involved In Debt Recovery
AFTER ATTENDING THIS COURSE YOU WILL RETURN TO YOUR JOB…
  1. Being better able to implement effective credit policies
  2. Understanding proven techniques in credit evaluation and risk assessment before renting out your premises
  3. Being able to investigate the credit worthiness of your clients
  4. Understanding fundamental Tenancy laws and the law of contract principles pertaining to debt recovery and credit extension
  5. Learning workable collection techniques, both general and for tenancies, to maximize your debt recovery
  6. Understanding the legal procedures involved in debt recovery, especially in tenancy matters
  7. Learning methods of obtaining and enforcing judgment, general and against tenants
OBJECTIVES
  1. Becoming super secretaries and top administrative assistants.
  2. Increasing the effectiveness of these valuable assistants.
  3. Raising the confidence level in helping bosses and executives to achieve their goals faster.
  4. Upgrading existing competencies to face the many challenges today
WHO SHOULD ATTEND
  • All Managers
  • Credit Control Managers & Executives
  • Financial Controllers
  • Accounts & Finance Managers & Executives
  • Landlords
METHODOLOGY
  • Interactive Lectures
  • Practical Work
  • Group Presentations
  • Workshops Sessions
  • Post-Course Assessment
DAY 1
9:00

TENANCY TERMS

  • Landlord Defined
  • Tenant Defined
  • Tenancy Agreement Defined
 

LEGAL EFFECT OF THE STANDARD TENANCY AGREEMENT

  • National Land Code 1965 – Who can grant tenancies?
    - Dealings not capable of being registered S.206 NLC
    - Transfers where tenancies are involved
    - Understanding TOLs
    - Section 213 NLC
  • Classification of Tenancies and Duration of Tenancies
  • Term tenancy and otherwise – Rights of both parties
  • Rental Amount and Rent Acceleration Clauses
  • Control of Rent (Repeal) Act of 1997
  • Deposits
  • Stamp duty and Calculation under the Stamp Act 1949
  • Penalty for late payment and Calculation
10:45

RIGHTS & LIABILITIES OF LANDLORD AND TENANT

  • Business environment and Tenancy Contract
  • Termination of Tenancy
  • The Malaysian Legal System
  • Landlord’s Remedies
11.30

LANDLORD AND TENANT DISPUTES & REMEDIES IN MALAYSIA

  • Termination of Tenancy and Eviction of Tenant
    To decide if Landlord wants to continue with Tenancy or take back the Property.
    a) Where the landlord wishes to continue with the tenancy he may apply for a writ of distress under the Distress Act 1951 (Act 255).
  • What is an Action for Distress and the effect of the Specific Relief Act 1950
  • Procedural Steps for an application of a Writ of Distress.
  • Advantages and Disadvantages of a Writ of Distress
    b) Where the Landlord wants to Terminate the Tenancy and take back the Property
  • Issuance of Notice to Quit
  • The effect of Issuance of Notice to Quit on Written and Unwritten Tenancies
  • Procedural Steps to take back Property once Notice to Quit is served
  • Situations where Tenant refuses to leave and Landlord’s Rights in terms of Rental accrual Calculation and the Writ of Possession
  • Effect of Civil Law Act 1956
  •  Clauses that must be drafted into the Tenancy Agreements to
    ensure effective debt collection.
1:00 Lunch

2:00

CONTRACTS ACT 1950

  • Set-Off under Tenancy Agreement
  • The law of Contract and validity of clauses in Tenancy Agreement
  • Understanding Indemnities in Business Tenancies
    - Scope
    - Type of Indemnity
    - Does the indemnity protect the company?
    - Life span of indemnity and what happens when agreement expires?
3.45

DISCUSSION ON SCOPE OF LIABILITY IN TENANCY AGREEMENTS

  • Parties and their liabilities
  • Jointly and severally explained
  • Boiler Plates and Tenancy Agreement :
  • The significance of boilerplates used in Business Tenancy agreements
    - Interpretation clause and its role in agreements
    - Severability clause
    - Entire Agreement Clause and when it cannot be used
    - Force Majeure and its consequences
    - Contra Proferentem Rule and writing out of it
    - Waiver clause
    - Notice and its importance
    - Survival and Merger Clause
5:00 End of Day 1
DAY 2
9:00

ANALYSING YOURSELF – RESHAPING PERSONALITIES

  • The importance of making the right ‘first impression’
  • Assessing your own personal communication style and how this affects your results
  • How do you (or might you) look in the debtor’s eyes? What would you like to change?
  • Collectors to understand their own potential for greater results
10:45

ANALYSING YOUR DEBTORS

  • Types of debtor
  • The delaying debtor
  • The genuine debtor
  • The cashflow or hardship problem debtor
  • The ones who never intended to pay
  • The collectors are ready to identify the type of debtor they are talking to on the phone and react accordingly.
 

REVIEW OF DOCUMENTATION HELD

  • Legal Rights of Creditors
  • Stamping and Registration of Documents
    - What Happens When Documents Are Not Stamped or Understamped
1:00 Lunch
2:00

PRE-CONSIDERATIONS TO RECOVER DEBTS

  • Pre-considerations
    - Statute of Limitations and Debts Becoming Statute-Barred
    - Capacity of Company to Sue
    # Cause OF Action
    # When Did It Arise
    - Status of Client and Its Legal Considerations
    # Company, Partnership or Sole-Proprietorship
    # Individuals, Estate of Deceased Persons, Bankrupts etc.
3:00

KNOWLEDGE OF BASIC ACCOUNTING

  • Knowing how to issue cheques and receipts
  • Differentiating debit and credit in accounts
  • Seeking reimbursements for bills of bosses and executives
3:45

LEGAL PROCEDURES INVOLVED IN DEBT RECOVERY

  • Territorial Jurisdiction
  • Originating Processes Used to Recover Debts
  • Service of Documents
  • Court Procedures
 

COURT ORDERS AND EXECUTION PROCEEDINGS

  • Summary Judgments
  • Attachment Proceedings
  • Charging Orders
  • Garnishee Proceedings
  • Bankruptcy / Winding-Up
5:00 End of Course