Our People

Benjamin Tham Tuck Chuen

Benjamin, the founder of Messrs Benjamin Tham & Co., is an accomplished corporate and commercial lawyer with over 30 years of experience, of which 20 years were in the corporate environment of 2 of the largest conglomerates in Malaysia, with several public-listed companies having diversified industries within each group.

He held many key roles in the successful implementation of major restructuring schemes, mergers and acquisitions and other corporate and commercial transactions (including sale and purchase of multiple assets and real estates, and property developments), due to his extensive knowledge and global experience in various industries spanning many countries such as Singapore, Philippines, Thailand, Hong Kong, Indonesia, Vietnam, Japan, People's Republic of China, Mauritius, Seychelles, Iceland, United Kingdom and USA.

During his long career as a lawyer, Benjamin regularly advised and provided legal support to Board members, C-level executives and management on governance, compliance, operations and financial matters, in industries such as property development and management, leisure, hospitality and retail, stockbroking, international franchises, media, telecommunications, motor assembly and retail, educational institutions, plantations, steel manufacturing, gaming, ecommerce, aviation and automobile.

Benjamin works from a commercial perspective, seeking to provide creative and costs-conscious solutions to business issues and leverages insights on the multi-industries he is well-versed in.

When he is not poring over agreements, documents and texts, he could be found running a marathon or speeding on a road bike.

Qualifications

> University of London, LL.B (Hons), 1990

> Barrister-at-Law, Lincoln’s Inn, 1991

> St Paul’s Theological College Malaysia, Bachelor of Arts (Theology, Mission & Ministry), 2019

professional affiliations

> Bar of England and Wales

> Malaysian Bar

> Affiliate, Malaysian Institute of Chartered Secretaries and Administrators (MAICSA)

> Affiliate, Institute of Corporate Directors Malaysia (ICDM)

VOLUNTEERING

> Member, Conveyancing Practice Committee of the Malaysian Bar, 2021 - present

> Member, Corporate and Commercial Law Committee of the Malaysian Bar, 2021 - 2024

Areas of practice

> Corporate and Commercial Advisory

> Mergers and Acquisitions

> Projects and Joint Ventures

> Property and Real Estate

> Cross Border Investments

> Insolvency and Restructuring

> Franchise and Licensing

> Banking and Finance

> Capital Markets

> Company Secretarial

> Civil and Commercial Litigation

> Dispute Resolution

Notable past appointments

> Company Secretary licensed by Suruhanjaya Syarikat Malaysia (SSM), 2002 – 2020

> Company Secretary of 2 public-listed companies, 2002 – 2004

> Committee Member of a Joint Management Body and subsequently, the Management Corporation of a mixed development comprising a shopping complex, hotel and residential suites

key involvement

> Joint venture and shareholders agreement

> Restructuring exercises, assets reorganization, capital reduction

> Sale of business assets (with or without liabilities)

> Mergers and takeovers of public-listed companies

> Privatizations by way of takeover offers, assets and liabilities acquisitions

> Private equity acquisitions

> Start-ups’ establishment and financing

> Rights issues, restricted issues, bonus issues, and private placements of shares and warrants

> Issuance of private debt securities, including exchangeable bonds and conventional and Islamic bonds, notes and sukuk

> Consumer and commercial loan documentation

> Syndicated loan documentation

> Cross-border loan facilities documentation

> Cross-border investments, disposals and acquisitions of companies, business and assets

> Information technology and e-commerce contracts

> Franchise and license agreements

> Residential and commercial property developments and real estate ventures

> Sale and purchase of factories and large parcels of commercial land

> Developer projects (residential, commercial, mixed and industrial)

> Strata management (residential, commercial and mixed)

> Commercial leases, tenancies, long-term and short-term licences

> Shareholders disputes

> Judicial review of decisions made by government body, housing tribunal and strata management tribunal

Notable PROJECTS

Corporate & Commercial

> acquisition of a 75% stake in an Icelandic private company which is principally involved in hospitality and numerous hotels and real estate assets in Iceland, for a total cash consideration of USD53.63 million (about RM222.03 million), with a put and call option to acquire the remaining 25% stake

> acquisition of a 75% stake in 2 private companies which is principally involved in the retailing of pharmaceutical and healthcare products and certain business assets in Malaysia, for a total cash consideration of RM48.86 million, with a put and call option to acquire the remaining 25% stake

> acquisition of a 15.8% stake in a public-listed company which is principally involved in duty-free retail business and hospitality for a consideration of RM170 million, to be satisfied by the issuance of new irredeemable convertible unsecured loan stocks and warrants of the public-listed buyer

> acquisition of the entire 100% stake in a private company which is principally involved in vehicle assembly, manufacturing and sale of vehicles engines and transmissions, with an assembly plant built on a 14 acre leasehold land in Johor, for total cash consideration of RM32.5 million

> disposal of a 2.19% stake in public-listed company which is principally involved in vehicle assembling and distribution for a consideration of RM52.50 million, to be satisfied by issuing securities comprising new ordinary shares and new redeemable convertible preference shares of the buyer

> disposal of the entire 100% stake in a private company which is principally involved in the manufacturing of garments for a purchase consideration of RM16.59 million

> disposal of the entire stake in a business entity in the People’s Republic of China which is principally involved in treatment of municipal solid waste for a cash consideration of RMB126 million (about RM76.68 million)

> joint venture on a 30:70 basis between a Taiwanese investor and a Malaysian company to provide financing services in Malaysia

> other mergers and acquisitions of both local and foreign entities, with substantial assets in Singapore, Thailand, Indonesia, Hong Kong, Vietnam, Japan, People’s Republic of China, Maldives and United Kingdom

> investment in and fund-raising for a start-up entity which is developing a mobile application to assist users to identify and shop for clothes and accessories worn by celebrities

> franchising and licensing of well-known chains for coffee, burgers, doughnuts and pizzas

Property & Real Estate

> development, construction, marketing and sale of a project with a gross development value amounting to approximately RM1.18 billion comprising 1 tower block of high end corporate offices and another tower block of high end apartments at Jalan Sultan Ismail, Kuala Lumpur

> acquisition of plots of land for a total consideration of RM640million, which includes the construction of a new racecourse facilities

> sale of lands with construction of a training centre for a Government ministry for a total consideration of more than RM200million

Capital Markets

> corporate and debt restructuring exercises of a Malaysian conglomerate’s groupwide restructuring scheme, involving corporate restructuring of several public-listed companies, privatisation of a public company and restructuring of debts amounting to approximately RM8 billion

> issuance of Islamic medium term notes by a property development and management company under the Sukuk Wakalah Programme for up to RM1billion

> issuance of a medium term notes programme of up to RM800million in nominal value, which has been accorded a rating of AA-/Stable

OUR PEOPLE