moratorium

Malaysia’s Cross-Border Insolvency Bill Embraces the UNCITRAL Model Law

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Parliament has now tabled Malaysia’s long-awaited Cross Border Insolvency Bill 2025, marking a landmark step in the country’s insolvency reform.

With this move, Malaysia signals its adoption of the UNCITRAL Model Law on Cross-Border Insolvency (Model Law) and joins more than 60 jurisdictions in implementing a harmonised framework for managing cross-border restructuring and insolvency proceedings.

I had earlier co-written an article on the case for Malaysia’s adoption of the Model Law.

This article outlines 10 key features of the Bill and its expected impact on Malaysia’s insolvency landscape. Continue reading →

Firing Up and Cooling Off the Restraining Order in Schemes of Arrangement

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The Companies (Amendment) Act 2024 came into force on 1 April 2024. With the amendments, we see a strengthening of the restructuring and corporate rescue laws of Malaysia.

Among the different corporate rescue tools, schemes of arrangement had already been the most-used mechanism in Malaysia. The scheme of arrangement allowed for the Court to grant moratorium protection known as the restraining order.

Here, I analyse the changes and challenges relating to the restraining order arising from the new amendments to the Companies Act 2016 (CA 2016).

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9 Key Restructuring Insolvency Changes in Malaysia’s Companies Amendment Bill 2023

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Malaysia’s Companies Amendment Bill 2023 has been tabled before Parliament’s House of Representatives (see Hansard for 10 October 2023). There will be a fuller Parliamentary debate towards the end of November 2023.

This article focuses on the 9 key restructuring and corporate rescue amendments.

All references below will be to the existing and proposed new sections in the Companies Act 2016 as referred to in the Companies Amendment Bill 2023.
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6 Recent Developments in Restructuring and Insolvency: Malaysia Insolvency Conference 2023

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The Malaysia Insolvency Conference 2023 was held on 21 June 2023 and it made a return to a physical setting after 3 years. We saw a record turnout of attendees from the restructuring and insolvency community. I spoke at a panel session titled ‘Landmark Cases: Sharing on Insolvency and Restructuring’ and spoke with fellow insolvency specialists.

I set out a selection of 6 key recent trends we discussed and prepared for the panel discussion. I have also supplemented some of the legal points with additional research I made.

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Case Update: Court of Appeal Rules Against Scomi Group Judicial Management Appeal

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Today, the Court of Appeal dismissed Scomi Group Bhd’s appeal against the High Court decision dismissing its judicial management application.

As set out earlier, the High Court had ruled on two points when dismissing the judicial management application of Scomi Group Bhd, being a listed company. Continue reading →

Less than Half of Company Winding Up Petitions in 2020 compared with 2019

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The Edge Malaysia reported in its 29 March 2021 issue that fewer companies were wound up in 2020 compared with 2019. The article shared two interesting statistics they obtained from the Companies Commission of Malaysia. Continue reading →