KUALA LUMPUR: The Cabinet has ordered the country’s largest bank, Maybank,
to withdraw its requirement that law firms must have a bumiputra partner with at
least a 50% stake before they could do any business with the bank.
The move, which generated controversy and criticism that it was discriminatory,
was discussed at the weekly Cabinet meeting yesterday.
Highly-placed sources said the Cabinet took the stand because it felt it was not
a government policy and that the Finance Ministry had also not issued any such
directive to banks.
Prime Minister Datuk Seri Abdullah Ahmad Badawi, who is also Finance Minister,
chaired the Cabinet meeting.
The sources said that while the bank's decision was an internal directive, the
Cabinet felt it was not a proper decision.
MCA president Datuk Seri Ong Ka Ting, when contacted, said the Cabinet discussed
the issue, and felt that Maybank's decision was inappropriate and not in line
with government policy.
The Housing and Local Government Minister considered the matter settled and
resolved.
The Maybank decision had been criticised by various groups including the MCA,
Bar Council and the Associated Chinese Chambers of Commerce and Industry, which
said firms should be judged on their merit and not ethnic composition.
In Boston, FOO YEE PING reports that Deputy Prime Minister Datuk Seri Najib Tun
Razak as saying the government’s policy is to help both bumiputras and non-bumiputras.
He said Maybank should understand that the government policy was to encourage
government-linked companies (GLC) to provide work for both bumiputras and non-bumiputras.
On Tuesday, MCA vice-president Datuk Seri Dr Chua Soi Lek questioned the ruling,
asking how Malaysia could compete globally if a government-linked company like
Maybank still adopted such a position.
Wanita MCA chief Datuk Dr Ng Yen Yen, who is Deputy Finance Minister, expressed
regret with Maybank, saying the condition had no legal basis and was certainly
not in line with the spirit of the Federal Constitution.
Bar Council chairman Ambiga Sreenevasan had earlier described the requirement as
discriminatory and said that all lawyers should be judged on merit.
Yesterday, Maybank issued a statement that the bank wanted to emphasise that
selection of solicitor firms would continue to be based primarily on
performance, efficiency and merit.
“Moving forward and with immediate effect, all solicitor firms, whether with
bumiputra or non-bumiputra equity ownership, are eligible for consideration,” it
said.
It said all other revised criteria for emplacement of solicitor firms pursuant
to its annual review remain unchanged.
DAP secretary-general Lim Guan Eng, meanwhile, said that Bank Negara should have
ordered Maybank to revoke its decision instead of waiting for the Cabinet to
act.
“If Bank Negara can order banks to merge, we cannot accept that Bank Negara
could not intervene earlier because it was a Maybank internal matter,” he said.
Lim said similar requirements were set out by Ambank Bhd, claiming there had
been tacit discrimination by other banks in refusing to parcel out work to those
without the 50% bumiputra equity requirement.
However, a statement from the AmBank Group said no restrictions or quota of
shares were imposed.
“The group does appoint legal firms that do not have bumiputra partners. This
policy has been in place for more than two decades,” it said.
However, to encourage bumiputra participation in the financial services
industry, the AmBank Group had always encouraged legal firms to have bumiputra
partners, it added.
2012 Hotel Corporate Rates Attending seminars? Going for a holiday? Click on the link above to check out the list of hotel corporate rates for Members of the Bar, which is updated regularly.
Talk on Intellectual Property Law (10 Feb 2012) Organised by the Selangor Bar Committee, the talk on “Intellectual Property Law” will take place at 5:00 pm, at the Selangor Bar Committee Auditorium, on 10 Feb 2012 (Friday). The talk will feature Bahari Yeow Tien Hong. Click on the link above for more details.
Seminar on the Fundamentals of Bankruptcy Proceedings (21 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, the seminar on “The Fundamentals of Bankruptcy Proceedings”, featuring Sanjeev Kumar Rasiah, will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 21 Feb 2012 (Tuesday). Click on the link above for more details.
Seminar on the Fundamentals of Conveyancing (24 Feb 2012) Organised by the Kuala Lumpur Bar Professional Development Committee, this seminar featuring Jeremiah R Gurusamy will take place at 3:00 pm, at the Kuala Lumpur Bar Auditorium, on 24 Feb 2012 (Friday). Click on the link above for more details.
Mediation Skills Training Course (29 Feb to 4 Mar 2012) Organised by Bar Council, the Mediation Skills Training Course will take place at 8:30 am to 5:30 pm, at Raja Aziz Addruse Auditorium, Bar Council, on 29 Feb to 4 Mar 2012 (Wednesday to Sunday). Deadline for registration and payment is 17 Feb 2012 (Friday). Click on the link above for more details.
Talk on “Land Fraud: An Australian Perspective” (13 Mar 2012) Organised by IGIL, GSGSG and UUM COLGIS, this free talk featuring Quintin George Rozario of Delta Law, Brisbane, Australia, will take place at 9:00 am, at Dewan Seminar A, Pusat Konvensyen, Universiti Utara Malaysia, Kedah, on 13 Mar 2012 (Tuesday). To RSVP, contact Mr Abutt (04-928 4397; abutt@uum.edu.my).