Section 58A of the Franchise Act 1998: A New Provision to Address the Licensing–Franchising Gap
The Problem Malaysia’s franchise industry has developed significantly over the years, but one recurring legal problem remains difficult to resolve: when does a licensing arrangement cross the line and become a franchise? This issue becomes particularly serious for young and growing businesses. Many SMEs are commercially viable, have established outlets, possess valuable intellectual property and […]
When Big Money Comes In: Joint Venture or Franchise?
Surprisingly, this month alone I received two separate enquiries from different clients involving private equity players, institutional investors or what we sometimes casually call the “big guns” — investors with the financial ability and appetite to inject substantial capital and take an existing business to a completely different level. Although the businesses and investors were […]
THE STRUCTURE THAT HOLDS IT
From Recognition to Responsible Replication An encounter may begin with trust, curiosity and openness. A system, however, cannot survive on those qualities alone. Once an encounter is repeated through hundreds of people, embedded in an organisation, commercialised across markets or relied upon in making decisions that affect others, it requires something more durable. It requires […]
Can a Director of a Franchisor Own a Franchise Outlet? A Legal Perspective under the Franchise Act 1998
I have received this question on numerous occasions, and just yesterday morning a fellow lawyer asked me: “Can a director of a franchisor own and operate a franchise outlet under the Franchise Act 1998?” At first glance, the answer appears straightforward because there is no express provision in the Franchise Act 1998 prohibiting a director […]
The Heart of Symbiosis: More Than Just a Business Deal
It happened recently, a conversation that perfectly captures my passion for franchising and innovation. A client, who had seen an earlier article of mine on the Eco-Symbiotic Franchise Model, came to me with an insightful question. “This concept is fascinating,” they said, “especially the agro-based examples like durian. But can it truly extend beyond farming? […]
Post Section 76 Law Reform (Marriage and Divorce) Act 1976 on the Extent of the contributions made by the other party who did not acquire the assets to the welfare of the family by looking after the home or caring for the family
Away from the usual franchising thoughts, another area of interest, family law. On 3rd July, 2026, the Melaka High Court delivered an important judgment, providing a clear and structured interpretation of section 76 of the Law Reform (Marriage and Divorce) Act 1976 following the 2017 amendments especially section 76(2)(aa) – the extent of the contributions […]
Franchising in Its Truest Meaning: Contractual in Origin, Fiduciary in Relationship
Franchising is commonly described as a contractual relationship. A franchisor grants a franchisee the right to operate a business under an established brand and business system, while the franchisee pays fees or other consideration in return. That description is legally correct, but philosophically incomplete. In my view, franchising in its truest meaning is not merely […]
An Interesting co-Branding.
You usually see, Leo Messi with Adidas or Pepsi but this round its Spidey. I love the collaboration between Spidey and Messi. My two superheroes. On field and off field. In the world of franchising, co-branding has become increasingly popular and widely accepted. When executed strategically, it allows two brands to leverage each other’s strengths, […]
From Food Security to Eco-Symbiotic Franchising: Why Malaysia’s Agriculture Must Move Beyond Planting
The launch of Malaysia’s National Food Security Policy 2030, or Dasar Keterjaminan Makanan Negara 2030, January 2026 is an important reminder that agriculture can no longer be seen merely as planting, harvesting and selling. Food security is not just having enough food. It is also about the quality of food, the safety of food, the […]
When Losing Is Actually Winning: What Germany and the United States experience Teach Us About Franchising
One of the most fascinating aspects of the FIFA World Cup is that not every defeat carries the same meaning. The ball is ROUND. Put it this way: by the time a nation reaches the FIFA World Cup, it is already a champion in the eyes of its people. Qualifying for the tournament is an […]