Restructuring and Insolvency: A Commentary


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Restructuring and Insolvency: A Commentary
Apr 2023
DUO (Hardback + ProView eBook), 604 pp

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About the Book

This book provides instructive section-by-section commentary on the provisions of the Companies Act 2016 (CA 2016) which cover the restructuring and insolvency of companies. With an expert contributor team of legal and insolvency practitioners from leading firms in Malaysia led by General Editors who are eminent practitioners in the field, the illuminating knowledge and guidance contained in this book make it one that will surely be the foremost reference in the practice of restructuring and insolvency in Malaysia.
The full text of the relevant sections of the CA 2016 precedes the high-quality commentary which is insightful, practical and authoritative, enabling a confident application of the provisions of the CA 2016. The extensive legal commentary is supported by reference to case law and legislation both local and foreign. Key terms and phrases occurring in the sections of the Act are identified and carefully analysed and commented on to ensure a clear understanding of the application of each section. Signposts to related provisions assist the user to appreciate the overall working of inter-related provisions within the CA 2016 as well as provisions of other legislation. A special segment "Practical Guidance" presents valuable materials and best practices derived from the wide experience of the expert contributors. This segment provides hands-on guidance on actual practice which may not have been fully prescribed by legislation. Templates of relevant correspondence, communication and notices are provided for easy customisation.
Amendments to the CA 2016 put forth by SSM through the Consultative Document on the Proposed Companies (Amendment) Bill 2020, though not yet tabled in Parliament, have been included for completeness, where possible accompanied by explanatory notes.
Key Features
  • Detailed commentary on applicable statutory provisions supported by reference to local and foreign case law
  • Comparative legislation, including legislation in Singapore, the UK and Australia, provides signposts for further research
  • Sample originating summonses, affidavits in support and orders of the court
  • Guide for content of Explanatory Statement for proposal of Scheme of Arrangement
  • Sample notices and letters for commencement of liquidation
  • Helpful checklists, flow charts and timelines for particular processes cross-referenced to the Companies (winding-up) Rules 1972 and the Companies (Corporate Rescue Mechanism) Rules 2018
  • Useful references to relevant forms on SSM website and insolvency guidance notes from MIA
  • Instructive practical pointers on the actual conduct of restructuring and insolvency work
  • Detailed guidance on proof of debt and ranking of claims
  • Includes references to proposed amendments to the CA 2016 


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