Lau Zhong Yan

Lau Zhong Yan

LLB (Hons), University of Malaya
LLM, Queen Mary University of London

Partner

Lau Zhong Yan

Corporate & Commercial Dispute, Restructuring & Insolvency

Kuala Lumpur, Malaysia

lauzhongyan@lpplaw.asia

+60 12-546 9379

vcard

About

Zhong Yan is the co-managing of the firm.

Prior to joining LPP Law, Zhong Yan was a partner of Chooi & Co. + Cheang & Ariff (top tier dispute resolution law firm). He has developed a practice across all areas of contentious corporate and commercial litigation, with a particular focus on company and insolvency law. His experience in company law includes oppression actions, derivative actions, just and equitable winding-up petitions and claims against directors for breaches of fiduciary duties. Zhong Yan’s other practice experience includes fraud, professional negligence, and trust matters.

Zhong Yan has appeared as counsel before all levels of the Malaysian courts, predominantly in the High Court and the Court of Appeal. Zhong Yan’s advocacy experience further extends to judicial review hearings and hearings in disciplinary Tribunals for professional institutions, as well as appearing against regulatory authorities such as the Securities Commission and Bursa Malaysia. Zhong Yan also acted as part of a global team on a cross-border dispute involving the BVI, Singapore and Hong Kong.

Qualifications

  • LLB, University of Malaya
  • LLM, Queen Mary University of London
  • Advocate and Solicitor, High Court of Malaya

Expertise

  • Corporate & Commercial Dispute
  • Restructuring & Insolvency

Language

  • English
  • Bahasa Malaysia
  • Mandarin
  • Cantonese

Experience

  • Experience in handling cross jurisdictional cases  – Involved in a corporate tussle over majority control of a public listed company with business interests in the timber, plantation, oil & gas and tape industry with approximately 50 extant court cases in, among others, Malaysia, Singapore, British Virgin Islands and Cayman Islands.  – Involved in defending a director of several offshore companies based in Singapore for alleged fraudulent and/or wrongful payments in the sum of approximately USD25,000,000 to himself.  – Involved in procuring and presenting extensive expert evidence for the tracing of payments made by several offshore companies based in Singapore to bank accounts in various jurisdiction.
  • Experience in complex corporate and commercial disputes  – Represented the promoters of an applicant seeking to be listed on the ACE Market in a failed reverse take-over, the issues of fraudulent and/or negligent misrepresentation, defamation and money had or received were involved
  • Experience in handling construction disputes  – Defended construction companies specialising in turnkey Outside Plant and Civil, Mechanical & Electrical engineering services in the telecommunications industry for alleged breach of contract.
  • Experience in representing professionals in statutory disciplinary proceedings  – Succeeded in defending a partner of a Big 4 accounting firm in a Malaysia Institute of Accountant’s disciplinary proceedings for alleged negligence and misconduct.
  • Experience in Judicial Review  – Succeeded in obtaining a stay order against the Registrar of Society’s decision to de-register PPBM through a judicial review, thus allowing PPBM to contest in GE14 as a legal political party.
  • Experience in a broad spectrum of corporate and commercial disputes  – Involved in a corporate tussle over majority control of issues on breach of directors’ duties, quasi partnership, minority oppression, derivative action, and the exceptions to the rule of Foss v Harbottle, just and equitable winding up, civil fraud, acquiescence and representative action.  – Successfully defended an offshore investment company and its directors against Malaysian Securities Commission’s prosecution for an alleged conspiracy in stock market manipulation.  – Successfully reduced the sanction of public reprimand to private reprimand by the Malaysian Companies’ Commission against the directors of a listed company for breaching the Main Market Listing Requirements.  – Successfully overturned the High Court decision on appeal in a case of breach of directors’ duties involving legal issues of locus standi of majority shareholders to initiate a derivative action, the sustainability of the derivative action following liquidation of the subject company and exception to the rule of Foss v Harbottle.
  • Experience in procurement and presentation of expert evidence  – Procured and presented extensive expert evidence based on international accounting standards to defend an international accounting firm in a professional negligence suit.  – Engaged handwriting experts to establish the authenticity of signatures on shares certificates to defend the legitimacy of a shareholder’s majority control in the company.

Publications and Talks

  • Just and Equitable Winding Up — A ‘Fault-Neutral’ Solution to A Dysfunctional Family Company [2022] 1 MLJ ccxlvii
  • A Director’s Absolute and Unqualified Right to Inspection: Section 245 of the Companies Act 2016, a Statutory Mandate [2021] 3 MLJ clxix
  • Safeguarding Members’ Given Rights to General Meetings: The Raison D’êTre of Section 314 of the [2021] 2 MLJ Companies Act 2016 cdlxv