Privatisation Agreement and Extension of Term

Privatisation Agreements and Extensions of Term

Privatisation arrangements run for decades. The agreement, and any extension of it, has to work under statutory constraint and through changes of administration.

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  • Advocates & Solicitors
  • Offices in Kuala Lumpur & Johor Bahru
  • Confidential, no obligation
Ahmad Solehin Abd Ghani, PartnerNur Khalis Johar Amin, PartnerNur Amira Syahira, Senior AssociateSiti Zubaidah Jemadi, Senior AssociateSiti Sarah Sarif, Senior AssociateMadihah Hisham, AssociateNur Afiqah Qasrina, AssociateKritigeswari P. Ramesh, AssociateHafiz Azhari Zamree, AssociateNur Ashsyifa' Aqila, Trainee Associate

Real lawyers, one team behind every matter

Who this is for

Sound familiar?

01

Private parties holding or bidding for privatisation arrangements

02

State governments, statutory bodies and GLCs granting them

03

Developers seeking extension of an existing privatisation term

04

Parties whose privatisation obligations need varying to remain viable

05

Lenders and investors assessing an arrangement before committing

What's at stake

What is really at stake

  1. 01
    A privatisation arrangement transfers development or operation of a public asset to a private party.The commercial logic is usually clear at the outset.
  2. 02
    What is less clear is what happens fifteen years in.The term is running out and the project is incomplete. Policy has shifted. The officers who negotiated it have moved on. The obligations were drafted for conditions that no longer exist.
  3. 03
    Extension is then negotiated under pressure, against a deadline, with the private party's investment already sunk and its leverage largely spent.

In plain words

Privatisation Agreement and Extension of Term

Advisory and documentation for privatisation arrangements and their variation — the statutory basis and approval pathway, the obligations and entitlements of each party, milestones and consequences, and the supplemental documentation extending or varying the term.

What good looks like

Imagine an arrangement with a defined extension mechanism, milestones both sides can measure, and a variation procedure that does not require reopening the whole deal. Continuity survives the change of administration.

What you get

What we deliver

Scope and fee are agreed in writing before any work starts, so you know exactly what you are getting.

  1. 01

    Review of the existing arrangement and compliance position

  2. 02

    Statutory basis and approval pathway advice

  3. 03

    Drafted privatisation agreement or supplemental instrument

  4. 04

    Milestones, delay consequences and entitlement provisions

  5. 05

    Support through the approval submissions

How we work

Clear from the first conversation

  1. 1

    Send a short request

    Tell us what the matter is about. It takes under a minute and stays confidential.

  2. 2

    Akmal sets a time with you

    We reply within 30 minutes in office hours to arrange your consultation, online or at our KL or JB office.

  3. 3

    Advice, then a written proposal

    You get a clear view of the issues and options, then a written scope and fee proposal.

  4. 4

    Work begins on the agreed scope

    Akmal leads the matter with a team of our lawyers, working to the scope you approved. You get regular updates at every key step.

Scope and fee in writingAgreed before any work starts. No open-ended billing surprises.
Online where it suits youMost work is done online. We meet in person when the law requires it.
Fast, direct repliesWithin 30 minutes during office hours, Mon–Fri 8:30am–5:30pm.

Who leads your matter

Led by Akmal Saufi, supported by our team

Akmal leads your matter as Partner. Depending on the work, other lawyers in our team handle parts of it day to day, with Akmal overseeing the matter.

Akmal Saufi

Akmal Saufi

Partner, Messrs Akmal Saufi & Co

  • Advocate & Solicitor, Malaysia
  • Over 13 years in transactional work: M&A, joint ventures, land and infrastructure
  • LLB (Hons), International Islamic University Malaysia

The team behind your matter

Meet the team →
Ahmad Solehin Abd Ghani, Partner
Ahmad Solehin Abd GhaniPartner
Nur Khalis Johar Amin, Partner
Nur Khalis Johar AminPartner
Nur Amira Syahira, Senior Associate
Nur Amira SyahiraSenior Associate
Siti Zubaidah Jemadi, Senior Associate
Siti Zubaidah JemadiSenior Associate
Siti Sarah Sarif, Senior Associate
Siti Sarah SarifSenior Associate
Madihah Hisham, Associate
Madihah HishamAssociate
Nur Afiqah Qasrina, Associate
Nur Afiqah QasrinaAssociate
Kritigeswari P. Ramesh, Associate
Kritigeswari P. RameshAssociate
Hafiz Azhari Zamree, Associate
Hafiz Azhari ZamreeAssociate
Nur Ashsyifa' Aqila, Trainee Associate
Nur Ashsyifa' AqilaTrainee Associate

Who we have acted for

Organisations we have acted for

Federal government agencies & statutory bodies

Johor state bodies & local authorities

Government-linked companies

Private sector & NGOs

Shown with permission. Government agencies, statutory bodies and government-linked companies are identified as such. Their inclusion does not imply endorsement by any government, ministry or agency.

Next step

Request a consultation with Akmal

  1. 1Send a short request. It takes under a minute.
  2. 2Akmal reviews it and arranges a time with you.
  3. 3You get clear advice, then a written scope and fee proposal.

We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm

Your details stay confidential. Sending a request does not mean you have appointed us.

  • Licensed advocates & solicitors
  • Professional indemnity insured
  • Offices in KL & JB

Questions

Frequently asked questions

Still unsure? Send a short request and Akmal will tell you plainly whether and how we can help.

How is a privatisation arrangement different from a concession?

They overlap heavily. What matters is the statutory basis, the asset and the risk allocation rather than the label used.

Can the term be extended?

Often, subject to approval. The mechanism and the timing both matter, and neither should be left to the final year.

What if milestones have been missed?

The consequences depend on the drafting. We will assess your position before you approach the authority.

Does a change of state government affect the arrangement?

The agreement continues, but the practical relationship can change. Well-drafted arrangements anticipate this.

We are the authority. Can you act for us?

Yes. We act for state entities and statutory bodies as well as private parties.

What is Legal That Works?

Legal That Works is a business and organisation oriented legal service designed by Messrs Akmal Saufi & Co (the firm that has brought the widely known legal consumer services brand ASCOLAW). We specifically help business owners and organisation leadership to navigate Malaysia’s legal terrain to achieve their commercial goals.

What if I’m not sure what legal service I need?

No problem. Most business owners aren’t legal experts. Just reach out and we will guide you to the right service or help you understand your options, without jargon or upselling.

Who will be helping me?

Your matter is led by Akmal Saufi, Partner. Depending on the work, other advocates and solicitors in our team will handle parts of it day to day, with Akmal overseeing the matter. You will always deal with real lawyers, not chatbots or generic customer support.

Before you sign

The cost of waiting

Extensions negotiated near expiry are negotiated from the weakest position. The time to raise it is well before the term becomes the pressure.

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We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm

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Legal That Works (Messrs Akmal Saufi & Co) is a Malaysian business friendly legal services firm providing services across multiple industries and practice area fuelling business growth and ambition.

All rights reserved. © Legal That Works is a legal service by Messrs Akmal Saufi & Co (Registration No. 00020004166). 2014-2026
Regulated by the Malaysian Bar Council under the Legal Profession Act 1976.

Legal That Works logo

Legal That Works (Messrs Akmal Saufi & Co) is a Malaysian business friendly legal services firm providing services across multiple industries and practice area fuelling business growth and ambition.

All rights reserved. © Legal That Works is a legal service by Messrs Akmal Saufi & Co (Registration No. 00020004166). 2014-2026

Regulated by the Malaysian Bar Council under the Legal Profession Act 1976.

Legal That Works logo

Advocates & Solicitors in Kuala Lumpur and Johor Bahru

Legal That Works logo

Advocates & Solicitors, KL and JB