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Conflict Of Interest Waiver Template for Malaysia

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Key Requirements PROMPT example:

Conflict Of Interest Waiver

"I need a Conflict of Interest Waiver for a director who sits on our board and is also being appointed to the board of our competitor effective March 1, 2025; the document should be governed by Malaysian law and include specific provisions about information sharing restrictions."

Document background
The Conflict of Interest Waiver is essential in Malaysian business practice where complex corporate structures and relationships often create potential conflicts of interest. This document is particularly relevant given Malaysia's business environment, which features numerous family-owned businesses, government-linked companies, and interconnected corporate groups. The waiver ensures compliance with the Companies Act 2016 and Malaysian Code on Corporate Governance 2021, documenting full disclosure of conflicts and obtaining necessary approvals. It's commonly used in situations involving director's duties, related party transactions, multiple directorships, or business opportunities that may create conflicts. The document typically includes detailed conflict descriptions, acknowledgments of disclosure, specific waiver terms, and necessary corporate approvals.
Suggested Sections

1. Parties: Identification of all parties involved - the party with the conflict and the party/entity granting the waiver

2. Background: Context of the relationship between parties and the circumstances leading to the conflict of interest

3. Definitions: Key terms used in the document, including specific definition of what constitutes the conflict of interest

4. Disclosure of Conflict: Detailed description of the actual or potential conflict of interest being disclosed

5. Nature of Waiver: Specific details of what rights are being waived and the extent of the waiver

6. Acknowledgment: Statement that all parties understand the conflict and its implications

7. Duration: Period for which the waiver remains valid

8. Governing Law: Specification that Malaysian law governs the waiver

9. Execution: Signature blocks and execution requirements

Optional Sections

1. Revocation Rights: Include when parties want to reserve the right to revoke the waiver under specific circumstances

2. Confidentiality: Include when the conflict involves sensitive business information

3. Related Party Transactions: Include when the conflict involves business transactions between related parties

4. Corporate Approvals: Include when board or shareholder approval is required under Companies Act 2016

5. Regulatory Compliance: Include when specific regulatory requirements apply (e.g., for listed companies or financial institutions)

6. Indemnification: Include when parties agree to specific indemnification related to the waived conflict

Suggested Schedules

1. Schedule 1 - Detailed Conflict Description: Comprehensive description of the conflict situation and all relevant circumstances

2. Schedule 2 - Corporate Authorizations: Copies of relevant board resolutions or shareholder approvals

3. Schedule 3 - Related Party Details: Details of any related party relationships and transactions

4. Appendix A - Disclosure Documents: Copies of all relevant disclosure documents and supporting information

5. Appendix B - Compliance Checklist: Checklist confirming compliance with relevant Malaysian legal requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























Clauses


















Relevant Industries

Financial Services

Banking

Insurance

Real Estate

Construction

Manufacturing

Technology

Healthcare

Energy

Telecommunications

Professional Services

Retail

Transportation

Education

Government Services

Relevant Teams

Legal

Compliance

Corporate Secretarial

Risk Management

Internal Audit

Corporate Governance

Board Secretariat

Executive Management

Investment

Operations

Relevant Roles

Chief Executive Officer

Managing Director

Board Director

Company Secretary

Chief Financial Officer

Chief Legal Officer

Compliance Officer

Corporate Governance Officer

Risk Management Officer

Investment Manager

General Counsel

Head of Internal Audit

Executive Director

Non-Executive Director

Independent Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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