HONG CHO YAW, BRANDON 

Partner

 

Brandon Hong Cho Yaw graduated from Northumbria University of Newcastle in 2007 and is a barrister-at-law with Gray’s Inn, London and holds a LLM in Banking and Finance Law from Queen Mary, University of London. He was admitted as an advocate and solicitor of the Malaysian Bar in 2010. He later joined JM Chong Vincent Chee & Co in 2012. He was made a partner of JM Chong Vincent Chee & Co in 2018.

​

Brandon advises on wide range of commercial and corporate transactions, including advising foreign and local corporations in respect of setting up businesses in Malaysia, joint ventures, collaborations and other forms of investment structures in Malaysia, cross borders transactions, mergers and acquisitions, reverse takeovers, banking transactions including corporate banking, retail banking, project finance, corporate restructuring, exchange control regulations under Malaysian laws, and drafting of banking security documents. He also advises corporations on real estate disposal and acquisition, renewable energy, factory and warehouse constructions, and build and lease arrangements.

​

Amongst some notable transactions are as follows:-

​

Acted for client on setting up of a special purpose vehicle in undertaking development of roof top solar project in Malaysia under SEDA’s net energy metering programme, including the drafting of related agreements, including inter alia, lease agreements the client and landowner for the installation of solar panels on the commercial roofs and sale of the electricity generated by the solar panel(s), Supply Agreement for Renewable Energy (SARE), the Engineering, Procurement, Construction and Commissioning Contract (EPCC), and the shareholder agreement between the client and the investors.

 

Acted for bank in the financing of the construction and installation of 8.554 megawatt solar photovoltaic system spreading across 22.46 acres of land located in Alor Gajah, Malacca. Our engagement includes reviewing, drafting, and advising the bank and the borrower on the creation of lease between the landowner and the borrower, the Renewable Energy Power Purchase Agreement (REPPA) with Tenaga Nasional Berhad (“TNB”) and all ancillary documents, approvals and licenses pertaining thereto.

 

Advised the bank and the consortium in the financing of the construction of a 30MWac large scale photovoltaic energy generating facility at Machang, Kelantan under an Engineering, Procurement, Construction and Commissioning Contract (EPCC) by the consortium consisting of companies from China, Hong Kong and Malaysia.

 

Acted for the consumer of industrial buildings on Supply Agreement for Renewable Energy (SARE) made between the consumer, TNB and the solar photovoltaic investor.

 

Advised and assisted several banks and solar photovoltaic service providers in the structuring of facilities and financing in respect of construction and installation of solar photovoltaic system.

 

Advising solar photovoltaic service providers in ongoing solar photovoltaic system project with the State Government of Pahang, including financing requirements in undertaking the said project.

 

Advising client is setting up a strategic partnership with oversea shipping corporation in Westport and Northport Malaysia, including the drafting of related agreements including a strategic partnership agreement and shareholder agreement.

 

Advised the bank and the borrower in the financing of the construction of warehousing, factory and depot in Westport and Northport, Klang, Malaysia.

 

Acted for client in the drafting of turnkey contractor agreements for the design, procurement, supply, execute, install, commission and completion on a turnkey basis for petrol stations in Malaysia.

 

Acted for foreign corporations in setting up their new Malaysia office including entering into lease/tenancy agreement with respective landlords.

 

Advised client on joint ventures with State Government for Silica Sand mining.

 

Acted for the bank in relation to the substitution of existing banking securities granted by a Malaysian company with new securities to be granted by a public company listed on HKEX and to provide legal opinion to the Bank on the substitution of the existing securities and the enforceability of the new securities under Malaysian law.

 

Acted for a prominent property developer in its divestment of 51% equity interest in its project development in Bangsar.

 

Acted for a prominent property developer in its divestment of aggregate 30% equity interest in its project development in Kuala Lumpur City Centre, including the issuance of redeemable preference shares.

 

Acted for client in relation to a logistics services agreement with a Japanese logistics company in relation to the provision of logistics services, including storing of goods and value-added logistics services at warehouses managed by the client.

 

Undertaken due diligence exercise on Malaysian assets as part of a proposed takeover exercise in Hong Kong and China.

 

Acted for client in relation to the acquisition of approximately 16,800 acres of oil palm plantations in Sandakan, Sabah, Malaysia, including undertaking due diligence exercise on the target company and its assets.

 

Involved in the negotiation and the drafting of collaborative agreements between client and China state-owned construction company in relation to rail construction works in Malaysia.

 

Acted for the client in relation acquisition of exclusive production, supply, distribution and licensing rights to Chimeric Antigen Receptor T Cell for hematologic and solid cancers (Car-T Cells) in South East Asia, and the incorporation of a Malaysia joint venture company with a company listed on Bursa Malaysia in setting up GMP accredited and BSL-2 classified manufacturing facilities in Malaysia to undertake production of the Car-T Cells.

​

QUALIFICATION

Advocate and Solicitor, High Court of Malaya (2010)
Barrister-at-Law, Gray’s Inn
LLB (Hons) Northumbria
LLM (Banking & Finance) Queen Mary, University of London, UK

​

ADMISSION

Admitted to Malaysian Bar on 22nd Jan 2010