Thursday 31 March 2011

Real Estate & Land Laws Series - 25-28 April 11/Professional Executive Seminars - Mar-Jun 11 - www.asiapacificevents.com

ASIA PACIFIC DILIGENCE SDN BHD

www.asiapacificevents.com

One day intensive seminar

SBL Claimable Subject to HRDF Approval

Register now for early birds!!

SEMINAR (I) :

DOCUMENTATION OF PROPERTY AND LAND TRANSACTIONS: THE LAW, PRACTICE AND PROCEDURE - (REF: APR11DPLT)

Date: 25 April 2011 Venue: JW Marriott Hotel, Kuala Lumpur

Outlines

Importance of Proper Documentation of Property and Land Transactions Under:

• The National Land Code 1965
• The Housing and Developers Act 2001
• Those properties already issued with the
document of title and those without
• Those properties purchased directly
from developers

Importance of Land Searches - The Effect of:

· Restrictions in interests

· Private and Registrar’s Caveats

· Prohibitory Orders

· Malay Reserved Land

· Reserved Bumiputra Lots

Documentation of the Instrument of:

a. The Transfer: Form 14A

b. The Charge: Form 16A

Documentation of the Sale and Purchase of Property Without the Issue Document of Title (Including Strata Titles)

Inherent Problems in Subdivision of the Master Title

Other Practical Issues


SEMINAR (II) :

LEGAL AND PRACTICAL ISSUES ON STRATA TITLES, DUTIES OF DEVELOPERS AND MANAGEMENT CORPORATIONS

(WITH LATEST AMENDMENTS) - (REF: APR11STRATA)

Date: 26 April 2011 Venue: JW Marriott Hotel, Kuala Lumpur

Outlines

-Current Legal and Practical Issues Affecting Housing Developers Under:
• The Strata Titles (Amendment) Act 2007
• The Common Property (Maintenance and Management) Act 2007
Understanding the Types of Development Governed by the Strata Titles (Amendment) Act
2007
• The Issue Document of Title as opposed to Strata Titles
-To What Extent the Strata Titles Act and the Housing Developers Act Are Applicable to Gated Developments in Malaysia As Opposed to High Rise Development
-Management of Strata Development Under The Housing Developers Act; The Strata Titles Act; and the Proposed Building and Common Property (Maintenance and Management) Act 2006
-Importance of the Issue Document of Title / Strata Title Under the HDA
-Application of the Strata Titles Act 1985
• Procedure for application for strata titles
• Causes for delays in the issue of the strata
title/Avoidance of such delay

-Effect of Private Caveats on the Master Title
Lodged by End-Financiers
• Effect on the process of sub-division
• Whose duty to remove such private caveats upon for sub-division
• Effect to the Deed of Mutual Covenant signed with developers
-Application of Restrictions in Interests on Master
Title
• Importance of land searches
• Practical problems in the application for consent or transfer and/or charge/policy considerations
Establishment of the Management Corporation Under the Strata Titles Act 1985
• Legal status of all parcel purchasers and the management corporation
• Duties and responsibilities of the developer/proprietor and management corporation
• Legal ownership of the common property and custody of issue document of title
-Powers of the Management Corporation to Recover All Sums Due from Individual Owners
• Practical implications of any legal proceedings
-Conduct of AGM for Management Corporations


Conducted by Distinguished Speaker:

MR. TANG KEAN ONN

LL.B (Hons), LL.M., Advocate & Solicitor, Senior Partner of A Law Firm

Tang Kean Onn is a practising advocate and solicitor of the High Court of Malaya and a senior member of the Malaysian Bar. He holds a degree in the Bachelor of Laws (LL.B Hons.) and Master of Laws (LL.M) both from the University of Malaya. He has vast experience in Commercial and Banking litigation, having headed the Litigation Department of one the established law firms in Kuala Lumpur for more than 19 years, as well as conveyancing and documentation procedures.

He is also an Examiner and Part-time Senior Lecturer in Corporate and Commercial Law at the University of Malaya since 1983. Mr. Tang continues to lecture part-time at the University of Malaya, both in the Faculty of Law and the Faculty of Business and Accounting.

For more than 20 years Tang Kean Onn has conducted numerous professional courses relating to legal issues for the Institute of Banks, Malaysia (IBBM), and various banks and financial institutions including Bank Negara.

Such programmes include:

1. Legal & Practical issues on Loan Recovery and litigation

2. The Law & Practice of Hire-Purchase in Malaysia

3. Land Law and Securities Documentation for banks & Financial Institutions in Malaysia;

4. The Legal & Regulatory Framework under the Banking & Financial Institutions Act 1989 (BAFIA).


REGISTRATION FORM

Kindly tick: I wish to register for the following seminar(s) -

Seminar (i) - REF: APR11DPLT ( )

Seminar (ii) - REF: APR11STRATA ( )

Early BirdsRM788.00 per person (Registration and Payment by 31 March 2011)

Group Discount (Two or more persons from same organization) – RM850.00 per person

Regular Fee RM900.00 per person

The above fees are inclusive of lunch/tea-breaks/valuable seminar materials & certificate

Crossed Cheque/Bank Draft payable to ASIA PACIFIC DILIGENCE SDN. BHD.

Mailing Address: B-2-9A, Megan Avenue II, No.12, Jalan Yap Kwan Seng, 50450 Kuala Lumpur

Contact Person: Ms. Erna/Cik Eisya/Ms. Chin Tel: 03-2162 6828 Fax: 03-2162 7828 / 03-2163 7828 Email: apd@po.jaring.my Website: http://www.asiapacificevents.com

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Company: ___________________________________________________________________________

Address: ____________________________________________________________________________

____________________________________________________________________________________

Tel: _______________________________________ Fax: ____________________________________

Email: ____________________________________ Contact Person: ___________________________

Cancellations & Transfers: If you are unable to attend, a substitute candidate(s) is welcome at no extra charge. Please provide the name and position of the substitute delegate at least 2 days prior to the seminar. A full refund less 25% administrative charge will be made for cancellation received in writing 2 weeks prior to the seminar. A 50% refund will be given for cancellation received 1 week prior to the seminar. Regrettably, no refund can be made for cancellation 3 days before the seminar. If registration is confirmed, a 25% administrative charge will be incurred for non-attendance.

The organizer reserves the right to change speakers/or modify the programme content without prior notice.

Asia Pacific Diligence Sdn Bhd ©

ASIA PACIFIC DILIGENCE SDN BHD

www.asiapacificevents.com

One day intensive seminar

SBL Claimable Subject to HRDF Approval

SEMINAR (III) :

LEGAL AND PRACTICAL ISSUES ON HOUSING DEVELOPERS UNDER THE HOUSING DEVELOPERS ACT AND THE REGULATIONS MADE THEREUNDER:

THE RIGHTS, DUTIES AND LIABILITIES OF DEVELOPERS, PURCHASERS AND FINANCIERS (WITH LATEST AMENDMENTS) - (REF: APR11HDA)

Date: 27 April 2011 Venue: JW Marriott Hotel, Kuala Lumpur

Application of the new Housing Development (Control and Licensing)(Amendment) Act 2003 and the Regulations. The extent to which the new Act will affect: -

· Distinction between the development for “residential” and “commercial”

· Compulsory adoption of the Standard Sale and Purchase Agreement under Schedule G and H

· Rights, duties and liabilities of developers and purchasers

· Duty of developer to display the license, advertisement and sale permit

· Non-Application of the Act upon completion of the project and the issuance of the CF

When is “vacant possession” deemed delivered to purchasers

· Claims for late delivery

· Litigation & the settlement of disputes under the proposed tribunal/practical issues

Claims for Defects and the Defects Liability Period

· Duty of stakeholders to release to the remaining 5% of the purchase price to pay for defects

· The legal status of the remaining 5% of the purchase price in the event the developer is wound-up or under receivership

· Liability for Fundamental and structural defects

Application for Certificate of Fitness (CF)

· The handling over of the vacant possession in accordance with the Uniform Building By-Laws

· Practical differences between the Temporary CF and Permanent CF

· Effect of unauthorised renovations by purchasers

· Duty of the local authorized

· Delay in the issuance of the Permanent CF and remedies of purchasers.

Unilateral Termination of the Sale and Purchaser Agreement by Purchasers

·Right of developers to forfeit part of purchase price paid

·Position of financiers.

Progressive Release of the Loan Amount by Financiers

· Importance of compliance with the Third Schedule/Legal effect of the undertaking given by financiers to developers to release progressively

· Financiers’ right not to release

· Effect of notice from purchasers/borrowers to financiers not to release

· Rights to purchasers and financiers to challenge the architect’s certificate.

Control of Sub-Sale and the Deed to Mutual Covenant

· Whether the Deed of Mutual Covenant contravenes the amended Act

· Consent from the developers and the imposition of administrative fees

Application for sub-division and Issuance of Individual Titles

· Reasons for delay / Effects of private caveats lodged by Financiers on Master Title

· Rights and remedies of purchasers for the delay or no issuance of the individual titles.

Abandonment of Project by Developers

Rights and remedies of purchasers and financiers.

Effects of developers under receivership or winding-up.

Enforcement and Prosecution under the Housing Developers Act 1966 and under the new Housing Development (Control and Licensing) (Amendment) Act 2003.

* Terms & Conditions Apply


SEMINAR (IV) :

LEGAL AND PRACTICAL ISSUES ON GATED AND GUARDED DEVELOPMENT IN MALAYSIA

- (REF: APR11GATED)

Date: 28 April 2011 Venue: JW Marriott Hotel, Kuala Lumpur

Outlines

Introduction and Understanding of:

· Gated Communities: Concept and application in Malaysia

· How different from sale of “strata-type of development” or

“strata bungalows”

· Significant legal and practical differences on the eventual

title issued: Individual Document of Title or Strata Titles?

· Common areas vs common property

· Individual title to these common areas and common property

General Legislations Governing Gated Development in Sarawak and Peninsula Malaysia: There are NO Specific Legislations Governing Gated Development

· The National Land Code 1960

· The Housing Development Act (Amendment) 2007

· The Strata Titles (Amendment) Act 2007

The Sale and Purchase Agreement

· For land and building

· For sub-divided building and subsidiary titles

· Legal and practical implications when incorrect sale and purchase agreement used

· Understanding “accessory parcels”

· Understanding the legal and practical differences between “sub-division of buildings” and “sub-division of land”

Managing a Gated Development

· Importance of the Deed of Mutual Covenant

· To what extent the terms and conditions may differ from the standard Deed of Mutual Covenant provided for strata title development

· To what extent the terms and conditions could fall outside the HDA

· Effect of the “Sierramas” case on negligence and misrepresentation by the developer

· Effect of representation in brochures, promotional print and electronic materials and marketing techniques

· Calculation and variation of service charges and sinking fund

· Effective methods on “collection of service charges”

· Litigation and settlement of claims

Duties and Liabilities of Developers, Management Companies in Managing a Gated Development

· Practical and legal differences between a “management company vs a Management Corporation as envisaged under the Strata Title Act

· Application of the “Building and Common Property (Maintenance and Management) Act 2007”

· Duties of Developers, the Joint Management Body (JMB) and the Commissioner of Buildings

Sub-Division and Issuance of Individual Document of Title to Gated Development

· Adverse implication on developers under a sub-sale once the title is issued

· Importance of the title to the individual purchasers

· Effect of winding-up of developers or developers having ceased to carry on business

Sub-Sale Under a Gated Development

· To what extent consent from developer can be refused

· Imposition and calculation of administrative fee

· Effect of sub-sale once the individual titles have been issued


Conducted by Distinguished Speaker:

MR. TANG KEAN ONN

LL.B (Hons), LL.M., Advocate & Solicitor, Senior Partner of A Law Firm

Tang Kean Onn is a practising advocate and solicitor of the High Court of Malaya and a senior member of the Malaysian Bar. He holds a degree in the Bachelor of Laws (LL.B Hons.) and Master of Laws (LL.M) both from the University of Malaya. He has vast experience in Commercial and Banking litigation, having headed the Litigation Department of one the established law firms in Kuala Lumpur for more than 19 years, as well as conveyancing and documentation procedures.

He is also an Examiner and Part-time Senior Lecturer in Corporate and Commercial Law at the University of Malaya since 1983. Mr. Tang continues to lecture part-time at the University of Malaya, both in the Faculty of Law and the Faculty of Business and Accounting.

For more than 20 years Tang Kean Onn has conducted numerous professional courses relating to legal issues for the Institute of Banks, Malaysia (IBBM), and various banks and financial institutions including Bank Negara.

Such programmes include:

1. Legal & Practical issues on Loan Recovery and litigation

2. The Law & Practice of Hire-Purchase in Malaysia

3. Land Law and Securities Documentation for banks & Financial Institutions in Malaysia;

4. The Legal & Regulatory Framework under the Banking & Financial Institutions Act 1989 (BAFIA).


REGISTRATION FORM

Kindly tick: I wish to register for the following seminar(s) -

Seminar (iii) - REF: APR11HDA ( )

Seminar (iv) - REF: APR11GATED( )

Early BirdsRM788.00 per person (Registration and Payment by 31 March 2011)

Group Discount (Two or more persons from same organization) – RM850.00 per person

Regular Fee RM900.00 per person

The above fees are inclusive of lunch/tea-breaks/valuable seminar materials & certificate

Crossed Cheque/Bank Draft payable to ASIA PACIFIC DILIGENCE SDN. BHD.

Mailing Address: B-2-9A, Megan Avenue II, No.12, Jalan Yap Kwan Seng, 50450 Kuala Lumpur

Contact Person: Ms. Erna/Cik Eisya/Ms. Chin Tel: 03-2162 6828 Fax: 03-2162 7828 / 03-2163 7828 Email: apd@po.jaring.my Website: http://www.asiapacificevents.com

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Full Name: Dr./Mr./Ms. _______________________________ Position: _________________________

Company: ___________________________________________________________________________

Address: ____________________________________________________________________________

____________________________________________________________________________________

Tel: _______________________________________ Fax: ____________________________________

Email: ____________________________________ Contact Person: ___________________________

Cancellations & Transfers: If you are unable to attend, a substitute candidate(s) is welcome at no extra charge. Please provide the name and position of the substitute delegate at least 2 days prior to the seminar. A full refund less 25% administrative charge will be made for cancellation received in writing 2 weeks prior to the seminar. A 50% refund will be given for cancellation received 1 week prior to the seminar. Regrettably, no refund can be made for cancellation 3 days before the seminar. If registration is confirmed, a 25% administrative charge will be incurred for non-attendance.

The organizer reserves the right to change speakers/or modify the programme content without prior notice.

Asia Pacific Diligence Sdn Bhd ©

ASIA PACIFIC MEDIA & PUBLICATIONS SDN BHD
www.apmp.com.my
(Sister Company of Asia Pacific Diligence Sdn Bhd)

We are a media and publications company specializing in building and construction publications.
Purchase Form (Click to download)

BOOKS: NEW RELEASE
1. REAL ESTATE DEVELOPMENT & CONSTRUCTION IN MALAYSIA -by Andrew A. L. Tan
- Hallmarks of Successful Real Estate
Property Development

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- Ensuring Project Success
- Reducing Project Failures
- Real Estate Development Issues
PRICE: RM 100.00



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- Project Management for Property
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ABOUT THE AUTHORS

Mr. Andrew A. L. Tan is a writer, speaker & project management consultant with his own firm Ace-Slimp. He graduated with Bsc (Hons) HBP from USM, Penang and furthered his post-graduate architectural studies at AA London and Heriot-Watt University & Edinburgh College of Art, Scotland. He has 27 years of professional experience in development and construction for tall towers and townships and a 'passion' for 'creative' writing in promoting project management and the development and construction industry at home turf and is a well-received corporate in-house speaker.

Ms. Elaine P.S. Quah is a communication and management consultant and personal coach. She is also an Adjunct Faculty member of Universiti Tunku Abdul Rahman in the Centre for Extension Education. She is presently the Principal Consultant at KHS Consultancy and Training, which specializes in corporate training, coaching and consulting. Ms. Quah has over 25 years of extensive experience in banking, stock broking, training and consultancy. She has held the position of Senior Vice President of a multinational financial group and was the Country Head of Malaysia and the Chief Executive for many years. She holds a Bachelor of Arts (Honours) and a Diploma in Education from the University of Malaya. She also holds a Masters in Business Management from the Asian Institute of Management, Philippines.


PURCHASE FORM (Click to download)
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Email: apmp@po.jaring.my
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ASIA PACIFIC DILIGENCE SDN BHD

http://www.asiapacificevents.com/

March - June 2011
Intensive Seminar Series At

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