Insolvency Lawyers in Malaysia

Updated on Wednesday 08th November 2023

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When a company can no longer pay its debts to business partners, creditors, and employees, it can become insolvent. In the current case, our insolvency lawyers in Malaysia can explain what you need to do and how to act to overcome this situation. We invite you to read the following lines to discover the information that interests you on this subject, with the specification that our lawyers in Malaysia are at your disposal with specialized legal support. Also, we are at your service with assistance for insolvency in Kuala Lumpur.

Insolvency in Malaysia and the procedure carried out

Are you dealing with insolvency in Penang or any other city in Malaysia? You might want to know a few details in this sense. For instance, the insolvency procedure can include the judicial reorganization of the company in question, respectively its recovery. There is also the possibility of declaring bankruptcy in the company, but only if certain conditions are met. One of our lawyers in Malaysia can tell you exactly what they are.

Here is what the insolvency in Malaysia entails:
  • Malaysian insolvency framework is comprised of the Companies Act 1965, but also the Companies Act 2016.
  • According to this legislation, insolvency can take place as corporate voluntary arrangements or judicial management.
  • They can opt for restructuring processes, which target the personnel and other aspects of the company.
  • Non-performing credits of the company can be analyzed. Contact us if you want to know more about insolvency in Penang.
  • Compulsory winding-up involves a series of procedures to wind up the company, as established in the court of law, the most common ground referring to the impossibility of paying the debts, following the complaint of a creditor.
  • A liquidator is appointed, to dispose of property and/or assets for the payment of debts.
  • There is also voluntary winding-up. In this case, the managers of the firm should make a legal declaration stating that the company is solvent and that it will be able to pay its debts in full for the next 12 months following the winding-up.

Our insolvency lawyers in Malaysia can help you with the procedures mentioned above if your company is in this situation. 

Special administration of a company – Insolvency in Malaysia explained

When a company is insolvent, various procedures can be undertaken to get out of this situation. For example, insolvency in Malaysia can be subject to a special administration. Thus, a special administrator can be appointed, under the rules of Pengurusan Danaharta Nasional Berhad Act 1998.

Under the new administration process, appointing a special administrator lies with the Danaharta Corporation, as part of insolvency in Malaysia. This is a statutorily integrated unit that obtained non-performing credits, and the fundamental security of those non-performing loans of the insolvent company. We specify that this special administrator must act in the public interest. We recommend the legal support offered by one of our insolvency lawyers in Malaysia to better understand the procedures involved.

Investing in Malaysia, a solid business destination

The number of foreign entrepreneurs who decide to open their businesses in Malaysia increases from year to year. The country offers a multitude of possibilities and an optimal business climate. And to better understand what it is about, you can discover the following statistical data:
  • Malaysia's GDP registered a growth of around 8.7% in 2022.
  • Malaysia's highest economic performance was reached in Q4 of 2022.
  • In 2021, economic growth had reached the threshold of 3.1%.

People interested in immigration to Malaysia can opt for the services offered by our specialists in this matter. We can help foreigners obtain residency in Malaysia, emphasizing efficiency and professionalism above all. On the other hand, you can opt for the services of our corporate lawyers in Malaysia if you encounter commercial difficulties. You can also get in touch with us if you are interested in citizenship in Malaysia.

Do you want to access the services of our insolvency lawyers in Malaysia? Are you dealing with insolvency in Kuala Lumpur or any other city in Malaysia? We encourage you to contact our law firm in Malaysia and discover the legal services that interest you.