Sim Miow Yean Partner

Contact
T +603 2081 3999 ext 877
E simmiowyean@skrine.com
 

Overview


Sim is a partner in the Real Estate, and the Banking and Finance practice areas.
 
She has significant experience in advising on probate, trust and estate related matters and also represent executors, administrators, trustees and beneficiaries as well as coordinating with foreign legal counsels for administration of assets in other jurisdictions.

She is also part of the Real Estate, Banking & Finance practice and has acted for clients in various industries.

 
 

Key Practice Areas

  • Real Estate
  • Wealth Management, Trust and Charities
  • Banking and Finance
  • Industry Specialisation
 

  • Worked on complex real estate transactions in Malaysia including sale and purchase of various types of real estate, real estate joint ventures, joint development agreements and development projects as well as provision of security in financial transactions.
  • Drafting and advising on sale and purchase documentation including sale of property from a deceased estate, under receivership or liquidation, tenancy and lease agreements, tenancy novation agreements, deeds and security documentation.
  • Advising and acting on behalf of clients in submission of applications to the relevant authorities for regulatory and compliance of land/real estate matters including applications for approvals and exemptions.
  • Assisted in advising vendors in the sale of their rights under the principal sale and purchase agreements of an abandoned housing project which involved a Section 176 Scheme of Arrangement.
  • Represented landlords and tenants both local and international including major commercial tenants in leasing, subleasing and tenancies for all types of commercial, residential, mixed development, retail and industrial properties.
  • Assisted in advising HSBC Bank Malaysia Berhad in its acquisition of a piece of land in the Tun Razak Exchange (TRX) for its future headquarters. HSBC Malaysia invests RM1.06 billion for the acquisition of the land and building of its headquarters at the TRX’s international financial district.
  • Assisted in advising Malaysia’s Social Security Organisation on its RM574,713,650.00 acquisition of “NU Tower 2”, Grade A Office Tower in Kuala Lumpur Sentral CBD in all stages of negotiations, structuring, documenting and provided support on the financing aspects as well as advising on all property related issues.
  • Assisted in advising the Employees Provident Fund whereby UDA, the landowner, signed a development rights agreement worth RM1 billion with a Special Purpose Vehicle (“SPV”) to transform the 19.4 acres of land (previously the site of the Pudu Jail) into the Bukit Bintang City Centre. The SPV is called BBCC Sdn Bhd, the shareholding of which comprises of 40% UDA, 40% Eco World and 20% EPF. The potential gross value to be generated from the development is estimated to be worth RM8 billion.
  • Assisted in advising for the Malaysian Communications and Multimedia Commission (MCMC) in the acquisition of Nu Tower 1, Grade A Office Tower in Kuala Lumpur Sentral CBD for RM283 million. Acted in all stages of negotiations, structuring, documenting and property due diligence as well as advising on all property related issues.

  • Advising trust companies, trustees, local and international charities and non-profit organizations on trust and administration issues.
  • Advising individuals with multi-jurisdictional assets and trust arrangements in planning and drafting their wills and trust agreements/deeds and other relevant documents.
  • Representing local and international high and ultra-high net worth individuals and corporate clients for private wealth services. 
  • Significant experience in advising on probate, trust and estate related matters and also represent executors, administrators, trustees and beneficiaries as well as coordinating with foreign legal counsels for administration of assets in other jurisdictions.
  • Drafting and obtaining the relevant grant of representation in respect of estate matters including grant of probate, grant of letters of administration as well as resealing of foreign grants in Malaysia.

  • Selected experience in banking and financing transactions that include real estate financing, acquisition financing, trade financing and advises borrowers and lenders whether domestic or international.
  • Perusing and advising from the viewpoint of the laws of Malaysia a gold loan facility agreement and a gold and foreign currency hedging agreement, making the relevant application to the Foreign Investment Committee regarding the creation of securities, making the relevant application to Bank Negara regarding the taking of the facilities, drafting the security documents relating to assets in Malaysia which includes the creation of charges over mining tenements.
  • Assisted in advising the financiers, Maybank Islamic Berhad and RHB Islamic Bank Berhad, in an Islamic commodity murabahah syndicated facility of RM1.084 billion. The facility was utilised by Tanjung Pinang Development Sdn Bhd (a subsidiary of Eastern & Oriental Bhd) to part-finance the reclamation and infrastructure works of the Seri Tanjung Pinang Phase 2 (STP2) project in Penang. [ALB Malaysian Debt Market Deal of the Year 2016]

Natural Resources
  • Assisted in the due diligence exercise in respect of limestone quarry operations in the States of Perak, Pahang and Terengganu.
  • Represented a foreign client in the acquisition of the corporations owning the Penjom gold mines in State of Pahang including providing advice on applicable laws and regulations in respect of gold mining in Pahang, conducting the due diligence on the business including gold mining tenements in Pahang and on the Malaysian companies which hold and operate the tenements, attending to the closing of the acquisition transaction of corporations and advised in the Malaysian aspects of the financing of the acquisition including the creation of security over the assets in Malaysia.
  • Advised a foreign client on the applicable laws and regulations in respect of mining leases and mining licenses of iron ore mines and processing sites in the State of Pahang.
  • Advised and assisted in the drafting and negotiation of the licensing agreement in respect of quarry for granite rock materials in the State of Penang.
  • Part of a due diligence team acting for a Chinese entity in respect of iron ore mining tenements in the State of Pahang.
  • Represented Sibelco Nederland N.V. in its purchase of Unichamp Mineral Sdn. Bhd., a company which mines, processes and manufactures lime and lime related products in the South East Asian region. The Sibelco group is one of the largest producers of industrial minerals worldwide.
Projects and Infrastructure
  • Assisted in advising for Mass Rapid Transit Corporation Sdn Bhd in the negotiations and execution of mutual agreements with certain landowners affected by the Mass Rapid Transit project for the Klang Valley.
  • Involved in the negotiations and advised on the terms of the common estate agreement which is a new concept for a world class financial district in Malaysia for the management, maintenance and provision of the common estate services between the master developer, district manager and the owners of the lands.

Qualifications:
  • Advocate and Solicitor, High Court of Malaya (2009)
  • Certificate of Legal Practice (2008)
  • LL.B (Hons), Oxford Brookes University (2007)
Professional Affiliations:
  • Registered Trust and Estate Practitioner (TEP), Society of Trust and Estate Practitioners (STEP)

  • Author, Malaysian Chapter on Private Wealth in Asia (Third Edition), Herbert Smith Guide to Private Wealth in Asia, 2016
  • Author, Malaysian Chapter on Private Wealth in Asia, Herbert Smith Guide to Private Wealth in Asia (2013/2014)
  • Author, An Assessment of the Proposed Rate Increase, Skrine’s Legal Insights, December 2013
  • Author, Malaysian Chapter on Private Wealth in Asia, Herbert Smith Guide to Private Wealth in Asia, (2012/2013)

  • Listed in Asia Business Law Journal 2019 as one of 'Malaysia Top 100 Lawyers - The A List'
  • Recognised by the International Financial Law Review 1000 (IFLR 1000 2019) as a “Rising Star” for Banking in Malaysia.
  • "Excellent and efficient." - IFLR 1000 2019
  • "Sim is very knowledgeable in the areas of real estate and project development. Her input and advice are invaluable and she considers both legal and practical aspects." - Asia Business Law Journal 2019