BRIEF DESCRIPTION: 

This is an advanced textbook which is intended to guide lawyers on the law and best practices pertaining to company-related insolvency in Malaysia, including winding-up, corporate voluntary arrangements, and more besides. The book is written by both corporate insolvency lawyers and accountants, and our firm’s senior lawyer, Ashley Danker played a pivotal role in managing and editing this publication, coordinating the efforts of all the authors.

CONTENTS OUTLINE

1: Introduction
2: Company Voluntary Arrangements
3: Schemes of Arrangement
4: Judicial Management
5: Receivership
6: Winding-up: In General
7: Voluntary Winding-up
8: Compulsory Winding-up
9: The Conduct of the Liquidation
10: Appointment and Remuneration of Liquidators
11: Functions of Liquidators
12: Effects of Winding-up
13: Proof, Valuation and Ranking of Claims in Winding-up: Contributories and Creditors
14: Avoiding Antecedent Transactions
15: Investigations
16: Proceedings Against the Directors
17: Insolvency Practitioners
18: Cross-Border Insolvency
19. Tax in Liquidation

KEY FEATURES:

  • Contains a wealth of practical guidance on corporate insolvency practice
  • Panel of contributors consists of experienced corporate insolvency practitioners from both the legal and accounting professions
  • Fully up-to-date with citation of relevant statutory provisions
  • Replete with invaluable leading local and foreign case authorities
  • Illuminates the difficult areas of corporate insolvency law and practice, such as investigations, cross-border insolvency and company voluntary arrangements

When companies are successful, businesses prosper. When companies can no longer pay their debts, they become insolvent, and businesses fail.

In addressing the complex technical subject of corporate insolvency, this textbook provides invaluable legal and practical guidance from an experienced group of legal and accountancy practitioners writing in collaboration. Contemporary challenges which face both practitioners and judges are addressed by incisive analysis and commentary.

This book deals comprehensively with the law of corporate insolvency in Malaysia, as follows:

  1. discusses schemes of arrangement
  2. judicial management and company voluntary arrangements under the Companies Act 2016
  3. the winding-up process
  4. the effects of winding-up, proof, valuation and ranking of claims
  5. the avoidance of antecedent transactions
  6. investigations
  7. proceedings against the directors
  8. tax in liquidation and more

The practical and analytical approach taken by this book greatly helps both those who are new to corporate insolvency practice in Malaysia as well as lawyers who would find the materials and references in this book a useful point of first reference.