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Category: Bankruptcy & Insolvency

The Powers & Duties of a Liquidator

Posted on March 3, 2021March 3, 2021 by Sher Min Yap

Do you know what are the powers and duties of a liquidator? Find out more in this article…

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The Appointment & Removal of a Liquidator

Posted on January 13, 2021January 13, 2021 by Sher Min Yap

We often hear about the term ‘liquidator’ and that these are individuals who have a certain role within a company that is being wound up and/or being liquidated. Their responsibilities consist of collecting the assets the company that is being wound up and/or liquidated as well as settling all claims against the company before putting the company into dissolution.

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Circumstances Which May Constitute A Contempt of Court

Posted on September 23, 2020September 23, 2020 by Jean Liew

Contempt of court may arise from any act or form whatsoever, ranging from libel or slander emanating from any contemptuous utterance, news item, report or article, to an act of disobedience to a court order or a failure to comply with a procedural requirement established by law. Any of these acts, in varying degrees, affects the administration of justice or may impede the fair trial of sub judice matters, civil or criminal, for the time being pending in any court.

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Company’s Winding Up: Function of a Liquidator (1)

Posted on September 21, 2020October 9, 2020 by Nicole Lee Sin Yee

When a company is being wound up, either voluntarily or by a Court order, a person or an entity will be appointed to liquidate the company. The appointed liquidator will take control of winding up the affairs of the company, liquidate its assets and distribute the proceeds to its creditors. The powers of the directors cease upon the appointment of the liquidator.

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Is Winding Up the Last Resort for Oppression?

Posted on August 14, 2020August 14, 2020 by Seri Amalina Mohd Khair
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Seri Amalina Mohd Khair
Seri Amalina Mohd Khair
Seri can't describe herself—she is an eclectic mix of complication and simplicity wrapped in the form of a petite hijabi lawyer. She does have unusually colourful vocabulary though, but only when most people aren't listening. Much.
Seri Amalina Mohd Khair
Latest posts by Seri Amalina Mohd Khair (see all)
  • Apportionment for Inheritors in Islam [Part 2] - December 15, 2020
  • Apportionment for Inheritors in Islam [Part 1] - December 11, 2020
  • Impediments to Inheritance in Islam - December 3, 2020

When a shareholder of a company has been oppressed, there are several reliefs or remedies provided under Section 346 of the Companies Act 2016 (Section 181 of the Companies Act 1965) that the Court may grant. Section 346 reads as follows: (2) If on such application the Court is of the opinion that either of…

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The Appointment of Receivers under Order 30 of the Rules of Court

Posted on June 17, 2020June 17, 2020 by Ahmad Iyas Husni
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Ahmad Iyas Husni
Ahmad Iyas Husni
Curious and inquisitive. Iyas is the kind of person who constantly has something on his mind. Ever wondering why the law works the way it does, Iyas constantly pushes the limits of his curiosity to find the ever elusive “Answer” to all of his questions.
Ahmad Iyas Husni
Latest posts by Ahmad Iyas Husni (see all)
  • Making the Case for a Pre-Action Protocol in Malaysian Civil Litigation - February 18, 2021
  • The Benefits of Filing a Police Report for Cases on Fraud - December 29, 2020
  • The Benefits of Filing a Police Report for Fraud Cases - November 5, 2020

A receiver is an independent third person whose duty is to collect all the assets of a company in distress in order to realise them. Proceeds of the sale from these assets are to be utilised towards settling the debt of the company (see the Federal Court case of Dato’ Seri Dr Kok Mew Soon…

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Receivers and Managers: Application to Court for Directions – A Final Order?

Posted on April 28, 2020May 13, 2020 by Jason Yong Kok Yew
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Jason Yong Kok Yew
Jason Yong Kok Yew
Jason Yong Kok Yew
Latest posts by Jason Yong Kok Yew (see all)
  • Rolling the Dice: Potential Consequences of not having a Shareholders’ Agreement - December 1, 2020
  • Differences between Criminal & Civil Breach of Trust - October 20, 2020
  • Personal Data Privacy in Malaysia: An Introduction - June 4, 2020

In a previous article, we gave a 101 on the law of receivers and receivers and managers. We also discussed the distinction between ‘receivers’ and ‘receivers and managers’ – at the risk of oversimplification, a ‘receiver’ only receives income and pays necessary outgoings, whereas a ‘receiver and manager’ has additional powers to ‘manage’ a company. 

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Winding Up: A COVID-19 Perspective

Posted on April 20, 2020May 13, 2020 by Jason Yong Kok Yew
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Jason Yong Kok Yew
Jason Yong Kok Yew
Jason Yong Kok Yew
Latest posts by Jason Yong Kok Yew (see all)
  • Rolling the Dice: Potential Consequences of not having a Shareholders’ Agreement - December 1, 2020
  • Differences between Criminal & Civil Breach of Trust - October 20, 2020
  • Personal Data Privacy in Malaysia: An Introduction - June 4, 2020

The winding up of a company is a process whereby a company’s lifespan comes to an end. This process entails selling off the company’s assets to pay off its debts or liabilities, and then distributing any surplus money amongst its members (i.e. shareholders). The main implication of a winding up is that the company would…

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  • Stopping a Disputed Winding Up – Fortuna Injunctions
  • The Powers & Duties of a Liquidator
  • Received A Dishonoured Or Bounced Cheque? Here’s What You Need To Know
  • The Screams from the Other Side: The Oppressed Majority
  • Hak Pengguna dalam Kes Kerosakan Meter Elektrik (Bahagian 1)

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