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  • Article

    Amendments To Stamp Duty Exemption Order On Qualifying Restructuring/ Rescheduling Agreements

    The Stamp Duty (Exemption) (No. 2) Order 2020 (‘Exemption Order') has been amended by the Stamp Duty (Exemption) (No. 2) (Amendment) Order 2021 (‘Amendment Order')...
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    SKRINE
    SKRINE
  • Article

    Revamp Of Bankruptcy Laws In Malaysia

    In recent years, the Malaysian government has taken various initiatives to revamp insolvency laws with the goal of assisting the public to cope with financial difficulties arising from the Covid-19.
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    Zaid Ibrahim & Co
    Zaid Ibrahim & Co
  • Article

    When Does A Bankrupty Action Commence?

    The answer is seemingly obvious but, analogies apart, the authoritative determination of this issue is yet to be settled.
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    SARANJIT SINGH, Advocates & Solicitors
    SARANJIT SINGH, Advocates & Solicitors
  • Article

    Liquidator's Duty To Tax Cost

    A question which company liquidators occasionally ask is whether all the bills of the solicitors, accountants, auctioneers, brokers or other persons, who have provided services to the liquidators, have to be taxed...
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    Azman, Davidson & Co
    Azman, Davidson & Co
  • Article

    Director's Failure To Intervene: Breach Of Fiduciary Duty In The Context Of Insolvency

    A director owes fiduciary duties to a company to prevent the assets of the company from being depleted illicitly, especially when the company is insolvent.
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    Leave To Commence Bankruptcy Proceedings Against Guarantor: How Exhaustive Is Exhaustive?

    In Re:Malaya Sibuku; Ex P: Kaya Karisma Sdn Bhd [2021] 5 CLJ 403, various submissions were advanced by a judgment debtor in an appeal against the Senior Assistant Registrar's decision in granting leave to the judgment creditor ...
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    SKRINE
    SKRINE
  • Article

    Update To Insolvency Laws: Simplifying Bankruptcy Procedures

    In our previous article, we discussed the initiatives implemented by the Government to ease the process of discharge of bankrupts.
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    Zaid Ibrahim & Co
    Zaid Ibrahim & Co
  • Article

    Court Of Appeal Held That The Director General Of Insolvency Cannot Grant A ‘Nunc Pro Tunc' Sanction And Struck Out A Bankrupt's Claim Of RM22 Million Against The Bank

    On 18 January 2021, the Court of Appeal in Md Isa Bujang v CIMB Bank Berhad dismissed a bankrupt's appeal against a High Court decision that struck out his claim for, inter alia...
    MalaysiaLitigation, Mediation & Arbitration
    SKRINE
    SKRINE
  • Article

    Director's Liabilities For Insolvent Trading Under The Companies Act 2016

    The number of company insolvencies in Malaysia has turned substantial of late. When a company is on the brink of insolvency...
    MalaysiaCorporate/Commercial Law
    Azmi & Associates
    Azmi & Associates
  • Article

    [BANKING & INSOLVENCY] Raintree F&B Sdn Bhd V Red Sena Berhad (In Liquidation)

    In this recent decision, the Court of Appeal considered, for the first time, the issue of distribution of the surplus assets of a Special Purpose Acquisition Company ("SPAC") upon its voluntary winding-up...
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    Lee Hishammuddin Allen & Gledhill
    Lee Hishammuddin Allen & Gledhill
  • Article

    High Court Dismisses Company's Bid To Hold Competing General Meeting

    In Safari Alliance Sdn Bhd v Tiger Synergy Berhad (and Another Originating Summons) [2020] 3 AMR 798, the Malaysian High Court dismissed an attempt by a company to hold a general meeting...
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    SKRINE
    SKRINE
  • Article

    The Cape Town Convention And Aircraft Protocol

    The creditor is not required to be situated in a Contracting State for the Convention to apply.
    MalaysiaTransport
    SKRINE
    SKRINE
  • Article

    Covid-19: Proposed Interim Reliefs For Financially Distressed Companies And Individuals?

    On 11 March 2020, the World Health Organisation officially characterised the Covid-19 outbreak as a pandemic.
    MalaysiaCorporate/Commercial Law
    SKRINE
    SKRINE
  • Article

    A Singularis Approach To Cross-Border Insolvencies

    The Privy Council in Singularis Holdings Ltd v Pricewaterhouse Coopers [2014] UKPC 36 ("Singularis") has clarified the extent to which courts can render common law assistance for cross-border insolvencies.
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    SKRINE
    SKRINE
  • Article

    BTI v Sequana: What The UK Supreme Court Decision Means For Malaysia

    On 5 October 2022, the UK Supreme Court delivered its long-awaited judgment in BTI 2014 LLC v. Sequana SA and others [2022] UKSC 25 ("Sequana Case") which concerns the question...
    WorldwideInsolvency/Bankruptcy/Re-Structuring
    Rajah & Tann
    Rajah & Tann
  • Article

    Luther Malaysia - Bulletin May 2026 Investor, Company & Market Entry Updates

    Luther Law Firm's Malaysia office provides a comprehensive monthly bulletin covering the latest investor updates, company law developments, and market entry regulations for May 2026. The publication offers critical insights for businesses and legal professionals navigating Malaysia's evolving regulatory landscape.
    MalaysiaImmigration
    Luther Luxembourg S.A.
    Luther Luxembourg S.A.
  • Article

    Landmark Decision On The First Airline Debt Restructuring Scheme In Malaysia Due To Covid-19 Fallout

    What is clear is that the selection of creditors for the class composition cannot be arbitrary or capricious. If there is evidence of a calculated and dishonest move to remove or to place certain creditors in certain class with the purpose of ...
    MalaysiaFinance and Banking
    SKRINE
    SKRINE
  • Article

    Statutory Assignment vs Equitable Assignment

    This article attempts to provide a brief overview of the differences between statutory assignment and equitable assignment
    MalaysiaLitigation, Mediation & Arbitration
    Azmi & Associates
    Azmi & Associates
  • Article

    The Grim Reaper Cometh, But Which One?

    Eyza Farizan Mokhtar examines a fight over the appointment of a provisional liquidator.
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    SKRINE
    SKRINE
  • Article

    Cape Town Convention: Malaysian Court Rules That Airasia X Restructuring Scheme Is An ‘Insolvency Related Event'

    In the recent court decision in AirAsia X Berhad v BOC Aviation Limited & 14 Ors (Originating Summons No.: WA-24NCC-467-10/2020), the Malaysian High Court held that a scheme of arrangement under section 366 ...
    MalaysiaInsolvency/Bankruptcy/Re-Structuring
    SKRINE
    SKRINE

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