Corporate Restructuring & Insolvency in Malaysia 2020

  • PDF File (752KB)
  • 1 Hour Reading Time
  • Reporters: Andrew Chiew Ean Vooi
  • Index:
    • Corporate Insolvency Laws Overview
    • Rescues: Out-of-Court and In-Court 
    • Group Insolvency
    • Miscellaneous
    • Appendix of Legislation Referred To
      *Click to to see full Index

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Corporate Restructuring and Insolvency Asia 2020
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Asian Business Law Institute

Launched in January 2016, the Asian Business Law Institute (ABLI), a subsidiary of the Singapore Academy of Law, is a permanent institute based in Singapore that initiates, conducts and facilitates research with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. Its mission is to remove unnecessary or undesirable differences between Asian legal systems that pose obstacles to free and seamless trade.

ABLI’s long-term strategic direction in accordance with its aims is set by its Board of Governors chaired by The Honourable the Chief Justice Sundaresh Menon of the Supreme Court of Singapore. The Board comprises representatives from Australia, China, India and Singapore and other internationally renowned legal experts.

International Insolvency Institute (III)

International Insolvency Institute (III)

The International Insolvency Institute (III) is a non-profit, limited-membership organisation dedicated to advancing and promoting insolvency as a respected discipline in the international field. Its primary objectives include improving international co-operation in the insolvency area and achieving greater co-ordination among nations in multinational business reorganisations and restructurings, with membership drawn from the most senior and respected insolvency practitioners, judges and academics in the world and it has valuable liaisons with many of the most senior regulatory and administrative professionals in the insolvency field.

III, due to its exceptional membership, its international leadership, and its resources, plays a valuable and highly significant role in the international insolvency field. It has achieved a worldwide reputation and is developing into a catalyst for improvement and change in the international insolvency area that has few, if any, equals.

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Index

A. CORPORATE INSOLVENCY LAWS OVERVIEW

i. Corporations

ii. Businesses

iii. Securities

B. RESCUES: OUT-OF-COURT AND IN-COURT (GOVERNANCE AND SUPERVISION)

i. Out-of-court workouts

a. informal workouts
b. Corporate Debt Restructuring Committee
c. Small Debt Resolution Scheme

ii. Pre-insolvency proceedings

a. Corporate voluntary arrangement

I. INITIATING A CORPORATE VOLUNTARY ARRANGEMENT
II. PUBLICITY
III. VOLUNTARY ARRANGEMENT

b. Scheme of arrangement

I. INITIATING A SCHEME OF ARRANGEMENT
II. APPROVAL OF SCHEME OF ARRANGEMENT
III. ROLE OF DIRECTORS

iii. Formal insolvency proceedings

a. Judicial management

I. APPLICATION FOR JUDICIAL MANAGEMENT ORDER
II. EFFECT OF JUDICIAL MANAGEMENT ORDER
III. PROPOSAL
IV. DISCHARGE OF JUDICIAL MANAGEMENT ORDER

iv. Court involvement

a. Corporate voluntary arrangement
b. Scheme of arrangement
c. Judicial management

v. Insolvency office-holders

a. Corporate voluntary arrangement
b. Judicial management
c. Scheme of arrangement

vi. Directors and managers of distressed entities

vii. Conversion of proceedings

viii. Rescue financing

ix. Effect of stay and moratorium

a. Corporate voluntary arrangement
b. Scheme of arrangement
c. Judicial management
d. Extraterritorial effect
e. Standstill agreement

x. Ordinary and special contracts

xi. Ranking, priority and resolution of creditor claims

a. Debts
b. Class of creditors
c. Claims resolution process

xii. Treatment of foreign creditors

xiii. Creditor supervision of proceedings

a. Corporate voluntary arrangement
b. Scheme of arrangement

xiv. Employment, stakeholding and pension issues

xv. Avoidance and clawback rules

xvi. Rescue plans and sales as going concern

C. GROUP INSOLVENCY

D. MISCELLANEOUS

i. Small and medium-sized enterprises

ii. International and cross-border insolvency law

APPENDIX OF LEGISLATION AND POLICIES REFERRED TO

Corporate Restructuring and Insolvency Malaysia 2020