Melisa Tai Mein-Sze

Dispute Resolution and Arbitration

melisa.tai@kdj-law.com

Admission

  • Advocate & Solicitor, High Court of Malaya (2007)

 

Education

  • Bachelor of Laws (LLB Hons) University of Sheffield

  • Certificate in Legal Practice (CLP)

Melisa Tai Mein-Sze  is a Partner of the Dispute Resolution and Arbitration Practice Group.

 

Melisa was admitted to the Malaysian Bar in 2007. She has been practising extensively in range of complex banking, contractual, commercial, restructuring and insolvency matters in High Court and Appellate Courts in Malaysia.

 

She advises and represents various financial institutions in Malaysia on the recovery of corporate loans, conventional and Islamic banking facilities, assets management and restructuring of loans. In addition, she has acted for trustees, insolvency practitioners, as well as lenders of syndicated loans and syndicated financing in disputes involving enforcement of debt instruments and securities, corporate insolvency, corporate restructuring and scheme of arrangements, land law and company law.

 

She also has experience in advising financial institutions for sale of non-performing loans and application of vesting order(s) under the Banking and Financial Institutions Act 1989 (now repealed) and now under the Financial Services Act 2013.

Notable Work Highlights

 

Legal Practice

  • Advising the trustee in relation to the dispute arising from the issuance of the RM200 Million Sukuk Musyarakah and up to RM150 Million MCP/MMTN;

  • Represented the trustee in relation to Primary Collateral Loan Obligation Transaction Facility Agreement with issuance of bonds up to maximum nominal value of RM1 billion;

  • Represented private liquidator for leave of Court to resign pursuant to the Companies Act and the Winding Up Rules;

  • Contesting against one Tan Sri Dato’s application for Debtor’s Petition in the bankruptcy Court;

  • Acting for and representing the trustee in relation to enforcement of security and advisory work of the Redeemable Convertible Secured Notes with aggregate nominal value of RM288 million;

  • Acting for and advising the security holder for enforcement of charge(s) against a Hotel of market value at RM210 million and another Hotel at market value of RM80 million which were contested in the foreclosure courts;

  • Advising and negotiating on behalf of beneficiaries of deceased’s estate worth approximate RM100 million with an established will-writing company for renunciation by the will-writing company as the executor and trustee; 

  • Representing and advising one airline and numerous listed entities and corporate bodies in relation to Section 116 of Companies Act 2016 for passing of special resolution and application to High Court for capital reduction order;

  • Acting for listed entities including entity with authorised share capital of RM1.1 billion as to the convening separate meetings for shareholders and security holders be convened for purpose of approving a Scheme of Arrangement and application to Court for sanction;

  • Advising financial institutions (conventional and Islamic) in its vesting and transfer of its assets (Non-Performing Loans/Financings) under Banking and Financial Instructions Act 1989 (now Financial Services Act 2013) and defending suits against financial institutions filed at High Court, Court of Appeal and Federal Court;

  • Representing financial institutions (conventional and Islamic) in transfer and vesting of assets (Non-Performing Loans/Financings) o financial institutions and/or non-financial institutions including but not limited to a sale with head purchase price of approximately RM400 million;

  • Advised the transferor who was required to de-merge the Family Takaful Business and General Takaful Business into separate entities previously under the Takaful Act now repealed by the Islamic Financial Services Act 2013 on the vesting order for transfer of business;

  • Advising and acting for Receiver and Manager appointed over the fixed and floating charge by debenture holder over a developer of shopping complex and business complex in Alor Setar, Kedah; and

  • Advising and representing the financial institution in contested applications in Winding Up Court by separate sets of creditors for appointment of private liquidator to replace the Official Receiver.

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