Takaful Legal Framework & Risk Management in Malaysia

Legal Framework of Takaful in Malaysia

The legal landscape for Takaful in Malaysia has evolved significantly, transitioning from earlier acts to comprehensive modern legislation.

Evolution of Takaful Laws

  • Insurance Act 1963 (Repealed): Replaced by the Financial Services Act 2013 (FSA 2013).
  • Takaful Act 1984 (Repealed): Replaced by the Islamic Financial Services Act 2013 (IFSA 2013).

Key Legal Categories

The Takaful industry operates under several categories of laws and policies:

Enabling Laws

These laws

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Equity and Trust Law: Indian Legal Principles and Doctrines

Understanding Key Concepts in Equity and Trust Law

1. Explain the maxim ‘Delay defeats equity.’

  • 20 words: Equity helps the vigilant, not those who sleep on their rights. Delay by a claimant weakens their right to a fair and just remedy.
  • 50 words: The maxim means that equity favors those who act timely. Unreasonable delay in asserting rights may bar equitable relief due to the doctrine of laches, implying negligence or waiver of the claim.
  • 200 words: This equitable maxim suggests that courts will not
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Census Declaration & Business Taxes: IAE, Income Tax

Census Declaration & Tax Obligations

The census declaration serves several functions. For instance, it allows legal entities to apply for a Tax Identification Number (TIN). It also informs the tax office about all economic activities, impacting taxes such as the Economic Activity Tax (IAE), Income Tax, Individual Income Tax, and Value Added Tax (VAT).

Personal Income Tax & Census Declaration

Estimating Business Activity Yields

Yields can typically be determined objectively by applying specific

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State Territorial Organization: Unitary, Federal, and Spain’s Autonomy System

Understanding State Territorial Organization

The territorial organization of the State refers to how power and territory relate within a state. There are two primary ways of organizing power:

Unitary State Model

  • Unitary State: This model arose in the French system as a reaction against the Old Regime and its many centers of power. It seeks to concentrate power in a single center, resulting in one state power. This necessitates a single executive, a single legislative body, and a single judiciary. The
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Holding International Organizations Accountable: Legal Frameworks and Challenges

International Organizations: Accountability Challenges

International organizations, like states, can be held responsible for their actions, but the system to make them truly accountable is unclear and very limited. These organizations have international legal personality, which means they can have obligations and be held liable for their conduct.

However, there is no specific court to enforce accountability. Victims often have no real legal path to claim justice. There are three main problems:

Core

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Government Procurement: Tenders, Direct Contracts, and Supplier Registration

Abbreviated Tender Process

This process is initiated in response to the regular budget allocated for goods and non-personal services, based on the Administration’s assessment of market competition and business needs.

Participation Requirements

The Administration should invite at least five service providers, who must be registered in the register of suppliers.

Tender Submission Deadlines

The deadline for receiving tenders may not be less than five nor more than twenty working days.

Adjudication and Award

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