Malaysia’s Cross-Border Insolvency Framework Is Now Complete

The Model Law on Cross-Border Insolvency has firmly landed in Malaysia.

On 28 August 2026, the Cross-Border Insolvency Act 2026 (CBI Act) came into force. Malaysia now has a dedicated statutory framework for the recognition of foreign insolvency proceedings and for cross-border court cooperation.

But the CBI Act is only one part of the framework.

The CBI Act will be read with a series of Gazette notifications and subsidiary legislation. The final procedural piece fell into place on 3 September 2026 with the coming into operation of the new Order 88A of the Rules of Court 2012. Continue reading

Case Update: Court of Appeal Rules on Removal and Remuneration of Liquidator

The Court of Appeal issued its Grounds of Judgment dated 11 December 2018 in the case of Ong Kwong Yew and others v Ong Ching Chee and others. It is a cautionary tale for liquidators on the grounds for their removal as liquidator and their conduct in terms of seeking fees for work done.

The conduct of the liquidator was serious enough for the Court of Appeal to remark that the liquidator ought to be sanctioned by the Malaysian Institute of Accountants or the Director-General of Insolvency.

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