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 Lawyer's Corner v2, One-stop centre for any legal queries

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Seremban_2
post Dec 16 2011, 10:31 AM

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QUOTE(dariofoo @ Dec 16 2011, 12:42 AM)
Milo_O:
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Purchase of documents from bank - the bank charges for copies of the loan doc. Price ranges from RM100-RM150.

*
Public Bank Charge for copies of the loan document = RM200.

Price ranges from RM100-RM200.
TSdariofoo
post Dec 16 2011, 02:06 PM

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QUOTE(Milo_O @ Dec 16 2011, 09:46 AM)
Thanks Dario. I have further clarifications.
Apologize if u may have answer this but i cant seem to digest the answer.  blush.gif
*
The RM20 for SD is affirmation fees paid to the Commissioner for Oaths to attest your signature upon the SD. The SD prepared is the one for Owner Occupancy as required by the bank.

The RM100 is for payment to the bank for pre-printed loan documentation. The loan agreement, charge annexure, and other security documents must be bought from the bank. Standard practice.

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TSdariofoo
post Dec 16 2011, 02:11 PM

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QUOTE(Seremban_2 @ Dec 16 2011, 10:31 AM)
Public Bank Charge for copies of the loan document = RM200.

Price ranges from RM100-RM200.
*
Cheers.

Latest update: Hong Leong charges RM250.00 for loan documentation effective 1st Dec 2011. Docs are in soft copy to be printed by law firm. That means that the charges are basically for them to put their precious signature upon the loan documentation. Must be super duper expensive and precious ink which they are using! doh.gif

Not only that, there's a RM50 charge for execution of discharge of charge OR deed of RnR. That means when you later sell of the house you have to bear this cost as well. doh.gif

So now we can say that it ranges from RM100-RM250.00 sweat.gif
Seremban_2
post Dec 16 2011, 02:37 PM

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QUOTE(dariofoo @ Dec 16 2011, 02:11 PM)
Cheers.

Latest update: Hong Leong charges RM250.00 for loan documentation effective 1st Dec 2011. Docs are in soft copy to be printed by law firm. That means that the charges are basically for them to put their precious signature upon the loan documentation. Must be super duper expensive and precious ink which they are using!  doh.gif 

Not only that, there's a RM50 charge for execution of discharge of charge OR deed of RnR. That means when you later sell of the house you have to bear this cost as well.  doh.gif

So now we can say that it ranges from RM100-RM250.00  sweat.gif
*
Yeah!!!!!!! thumbup.gif

Share of Information: If the public want to save on the RM100-RM250 thing, you can take their bank panel law firm as it automatic waive for certain bank.

This post has been edited by Seremban_2: Dec 16 2011, 02:40 PM
Milo_O
post Dec 16 2011, 05:57 PM

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QUOTE(dariofoo @ Dec 16 2011, 02:06 PM)
The RM20 for SD is affirmation fees paid to the Commissioner for Oaths to attest your signature upon the SD. The SD prepared is the one for Owner Occupancy as required by the bank.

The RM100 is for payment to the bank for pre-printed loan documentation. The loan agreement, charge annexure, and other security documents must be bought from the bank. Standard practice.

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*
Thanks. I appreciate the respond notworthy.gif
asamlaksa
post Dec 16 2011, 08:04 PM

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Sorry out of topic, but congrats dariofoo for the promotion. A new Elite member in house. Cheers, keep up the good job and keep up contributing!
pilotHans
post Dec 17 2011, 01:20 PM

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hi...i wonder,

im planning to buy a house under persatuan pesara jabatan perhutanan..........so i wonder, would it be an issue if the name is not of a owner instead of a persatuan? what documents do i need to verify before i pay the booking fee? i have to pay the 2% by tomorrow to avoid the house being sold to other parties...

anyone plz advice.......
TSdariofoo
post Dec 17 2011, 11:52 PM

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QUOTE(pilotHans @ Dec 17 2011, 01:20 PM)
hi...i wonder,

im planning to buy a house under persatuan pesara jabatan perhutanan..........so i wonder, would it be an issue if the name is not of a owner instead of a persatuan? what documents do i need to verify before i pay the booking fee? i have to pay the 2% by tomorrow to avoid the house being sold to other parties...

anyone plz advice.......
*
You're going through an agent? Make sure that the letter of offer to purchase (booking form) has been signed with the chop of the persatuan on it. At least you know that the intent to sell is official. You can request for a copy of the title to do a check now itself, if you have any doubts.
pilotHans
post Dec 18 2011, 03:27 PM

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QUOTE(dariofoo @ Dec 17 2011, 11:52 PM)
You're going through an agent? Make sure that the letter of offer to purchase (booking form) has been signed with the chop of the persatuan on it. At least you know that the intent to sell is official. You can request for a copy of the title to do a check now itself, if you have any doubts.
*
1) yes, i do..problem is that agent said they don't have the gran yet. weird.....so i wonder how to make the booking fee legal / not have issues in future...hmm..my dad (talk with him on the phone ) said that if the house is from a persatuan or state will have problems in transferring the name sweat.gif

2) copy of title? define? thanks...

3) thanks for the suggestion.so booking form need to have sign + chop of persatuan..ok ok..coz according to agent, the lawyer is the persatuan's lawyer.... (Othman Hashim & Co) agent said well know lawyer...i myself am not sure sweat.gif

4) yeah, im meeting them today 6pm... sweat.gif


This post has been edited by pilotHans: Dec 18 2011, 03:31 PM
TSdariofoo
post Dec 18 2011, 04:14 PM

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QUOTE(pilotHans @ Dec 18 2011, 03:27 PM)
1) yes, i do..problem is that agent said they don't have the gran yet. weird.....so i wonder how to make the booking fee legal / not have issues in future...hmm..my dad (talk with him on the phone ) said that if the house is from a persatuan or state will have problems in transferring the name  sweat.gif

2) copy of title? define? thanks...

3) thanks for the suggestion.so booking form need to have sign + chop of persatuan..ok ok..coz according to agent, the lawyer is the persatuan's lawyer....  (Othman Hashim & Co)  agent said well know lawyer...i myself am not sure  sweat.gif

4) yeah, im meeting them today 6pm...  sweat.gif
*
Copy of title refers to the geran/grant or "gran" as you spelt it. Same thing. From there you can see the registered owner of the property.

What do you mean the lawyer is the persatuan's lawyer? You mean the agent is referring you to appoint a lawyer who is coincidently the persatuan's lawyer? As purchaser you need to appoint a lawyer, and the vendor can 'tumpang' your lawyer. If you're going to appoint their lawyer to purportedly act for you, I don't think that is a wise decision. You might as well appoint a lawyer of your own choice. Ask family and friends for recommendations.

Good luck on the meeting then. If you do decide to make payment of any amount, make sure that it is paid to the party who is authorised to receive payment (unless payment is made directly in favour of the persatuan). Don't pay cash to anyone. Insist on a receipt, or acknowledgement of receipt of payment.

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SUSVincentChen
post Dec 18 2011, 06:51 PM

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If, my dad declares bankruptcy, the house with joint name of my mom and my dad will be claimed to pay debt(house was bought 11 years back)?? also, if the car is bought 2 years ago, which when my dad isnt in financial problem, the car will be claimed to pay debt?(if he immediately xfer to my mom)

2 more, will my dad's EPF and life insurance be claimed to pay debt....

what are tools of trade, and also, what can be added into exemption, i google bout it at US laws have exemption on certain assets

This post has been edited by VincentChen: Dec 18 2011, 09:20 PM
TSdariofoo
post Dec 18 2011, 11:26 PM

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QUOTE(VincentChen @ Dec 18 2011, 06:51 PM)
If, my dad declares bankruptcy, the house with joint name of my mom and my dad will be claimed to pay debt(house was bought 11 years back)?? also, if the car is bought 2 years ago, which when my dad isnt in financial problem, the car will be claimed to pay debt?(if he immediately xfer to my mom)
*
Is there an outstanding loan on the house? What about the car? Is it on hire-purchase or was it bought for cash?

QUOTE(VincentChen @ Dec 18 2011, 06:51 PM)
2 more, will my dad's EPF and life insurance be claimed to pay debt....

what are tools of trade, and also, what can be added into exemption, i google bout it at US laws have exemption on certain assets
*
Insurance - nope. EPF i'm not sure, but I strongly doubt if that can be garnished. Most of the time it's bank accounts which are frozen and then garnished to pay off the creditors.

Tools of trade would refer to the tools of a plumber, electrician, carpenter (examples) used to ply their trade. All those can't be touched by the creditors.

This post has been edited by dariofoo: Dec 18 2011, 11:28 PM
SUSVincentChen
post Dec 18 2011, 11:59 PM

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the car was bought using check 2 years ago at a 2nd hand shop(its for personal travel use, my dad goes bankrupt not because of company, its because he gamble on stock market), for the house, im not sure whether is there any outstanding loan but i pretty sure the installment had paid finish(or almost finish), installment are all paid by my mom every month, my dad just shares the name

*thx alot for spending time helping me smile.gif

This post has been edited by VincentChen: Dec 19 2011, 12:08 AM
C-Note
post Dec 19 2011, 12:49 AM

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Hi,

Let's say A is one of the directors of a management office of a condominium. There are 2 employees under A who are in the accounts department(they are in charge of the maintenance fees monthly)

One day, RM200k went missing, so did the 2 employees and the accounts book. A police report has been lodged.

The community plans to sue the director in charge. Sure, the other directors have some responsibilities too but A holds the most responsibility. A is clean of any guilty deeds.

Can A be sued? Under what charges? Any jail sentence?
TSdariofoo
post Dec 19 2011, 02:51 AM

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QUOTE(VincentChen @ Dec 18 2011, 11:59 PM)
the car was bought using check 2 years ago at a 2nd hand shop(its for personal travel use, my dad goes bankrupt not because of company, its because he gamble on stock market), for the house, im not sure whether is there any outstanding loan but i pretty sure the installment had paid finish(or almost finish), installment are all paid by my mom every month, my dad just shares the name

*thx alot for spending time helping me  smile.gif
*
No point transferring name of the car to your mum as the doctrine of 'relation back' would apply and it would nullify the transfer. This transfer is what the law terms as a 'fraudelent conveyance' and is an act of bankruptcy contrary to the Bankruptcy Act.

Just sell it off now (not to a family member - sell it to an independant third party) and perhaps get a cheaper car. If the bank still has a charge over the property then the creditors can't touch it.

I came across this book not long ago and I thought it was a really informative book and everyone who has a case against a bank (or a potential case) should invest in it (RM15 only!) and read it.

How to Represent Yourself in Court to Fight Banks

http://www.mphonline.com/books/nsearchdeta...e=9789673204472

If your dad's situation is indeed perilous and if he is on the verge of bankruptcy, you might want to get him this book to read and start preparing.

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TSdariofoo
post Dec 19 2011, 03:10 AM

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QUOTE(C-Note @ Dec 19 2011, 12:49 AM)
Hi,

Let's say A is one of the directors of a management office of a condominium. There are 2 employees under A who are in the accounts department(they are in charge of the maintenance fees monthly)

One day, RM200k went missing, so did the 2 employees and the accounts book. A police report has been lodged.

The community plans to sue the director in charge. Sure, the other directors have some responsibilities too but A holds the most responsibility. A is clean of any guilty deeds.

Can A be sued? Under what charges? Any jail sentence?
*
Community wants to sue the director in charge?

In a civil suit, the legal right of a party to sue or be sued must first be ascertained. This is called locus standi .

Let's start with the party who sues - who represents the community? Is it each and every individual owner in the list? Is it the Joint-Management Body [JMB]?

Who is sued? - Who's responsible for the money? What do you mean by management office? Is it the office of the JMB? Or is it still a Management Corporation (MC) if not JMB? Is it a Managing Agent who has been appointed by the JMB to run the show with regard to management of the condo?

If there is an external third party involved like the Managing Agent - then it could be a case between the JMB vs Managing Agent (most likely a Sdn Bhd - as you mentioned that there is a director is involved).

The Sdn Bhd is a legal entity by itself. As such, the directors would not be personally liable out of his own pocket to pay any compensation ordered by the Court in the event the Sdn Bhd loses the case. If the Sdn Bhd is sued and loses the case, it has to pay out of whatever monies and assets it owns under its own name. The directors (all of them - doesn't matter who holds more responsibility) cannot be made liable personally.

That is with regard to civil liability.

With regard to criminal liability, it does seem like a case of Criminal Breach of Trust (CBT). In such cases, the perpetrator would be an individual. Of course the 2 staff would be called up for questioning. If A is involved in the day-to-day running of the Sdn Bhd's affairs in the condo, he would be called up too.

Under Section 406 of the Penal Code - General CBT, the sentence is minimum 1 year and maximum 10 years jail AND whipping AND fine.

Under Section 408 of the Penal Code - CBT by servant or agent - in relation to the 2 staff - same sentence.

To answer your question - in particular if A can be sued personally in a civil case to pay up the 200k- the answer is No.

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This post has been edited by dariofoo: Dec 19 2011, 03:10 AM
SUSVincentChen
post Dec 19 2011, 10:41 AM

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QUOTE(dariofoo @ Dec 19 2011, 02:51 AM)
No point transferring name of the car to your mum as the doctrine of 'relation back' would apply and it would nullify the transfer. This transfer is what the law terms as a 'fraudelent conveyance' and is an act of bankruptcy contrary to the Bankruptcy Act.

Just sell it off now (not to a family member - sell it to an independant third party) and perhaps get a cheaper car. If the bank still has a charge over the property then the creditors can't touch it.

I came across this book not long ago and I thought it was a really informative book and everyone who has a case against a bank (or a potential case) should invest in it (RM15 only!) and read it.

How to Represent Yourself in Court to Fight Banks

http://www.mphonline.com/books/nsearchdeta...e=9789673204472

If your dad's situation is indeed perilous and if he is on the verge of bankruptcy, you might want to get him this book to read and start preparing.

icon_rolleyes.gif
*
erm, hi dariofoo, if its like that. My dad sell the car to 2nd hand shop, and they pay check for it(the check put my mom name) and my mom use the check go to another 2nd hand car shop to buy a cheap car(under my mom name) and let my dad drive, is it ok ? about the house with the joint name, they cant take right?
Shades
post Dec 19 2011, 11:16 AM

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QUOTE(dariofoo @ Dec 16 2011, 12:35 AM)
If I'm not mistaken, the CCC replaces the need for a CFO. With the CCC, the owner can move into the unit already. I think this came into place sometime in 2007 to eliminate the need for CFO, which was a cumbersome process, full of red tape. However, if i'm not mistaken, it only applies to new properties which are not larger than 2 stories.

If your property fits the description, then the bank ought to be satisfied with proof of a copy of the CCC in order to release the balance loan sum.  icon_rolleyes.gif
*
Thanks Dario... have a good one.
SUSjalsrix
post Dec 20 2011, 09:00 PM

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Can anybody tell me how many pages is the income tax ckht2a form ?

if the buyer fills up himself, is it difficult ?

why the lawyer charge me rm 200 if it is simple ?
triangle
post Dec 21 2011, 10:54 PM

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hi guys...i need some information..

case 1: i am sabahan but i got land in labuan which is under federal teritory, and i want to rent our the land, so which lawyer i should go for tenancy agreement ..is it sabah side or labuan side?

case 2: i got 1 lawyer handling my transfer of land from my late father to me (son) but the lawyer seem drag out the time almost 2 year. is it normal, or can i sue them back? any advice?

thank you in advance..


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