Companies Winding Up in Malaysia

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Companies Winding Up in Malaysia by Datuk Wong Rhen Yen, T. Gunaseelan, SK Cheong, Nasser Hamid

Author Datuk Wong Rhen Yen, T. Gunaseelan, SK Cheong, Nasser Hamid
Publication Date 2019
ISBN 9789671756317
Publisher Marsden Law Book


This publication gives the reader the most up-to-date information on corporate winding-up appl This will include the creditors' position, the Debtor Company's position, the directors' position, the shareholders' position, the contributories' position, and the liquidators' stance.

The scope of the winding up provisions is defined under Sections 431 to 560 of the Companies Act 2016 (Act 777). All judgements pertaining to the Companies (Winding-up) Rules of 1972 are also available.

The function of the courts in the process of winding up is well articulated. The book investigates the role of a winding up judge, who serves as "custodian of the interests of all classes impacted by the liquidation."

In summary, this practical book looks at the legislation, method, and authorities surrounding the topic of winding up.

IIt informs the reader of the legal changes made by the Companies Act 2016 (Act 777), as well as the application of general winding-up principles and the application of such principles in the context of decided authorities from throughout the Commonwealth.

Interpreting the purpose of the legislator is done through decided cases, and this publication contains all relevant decisions. To convey all of the key ideas gleaned from decided cases from Malaysia, the United Kingdom, Australia, New Zealand, Canada, India, and Singapore, extensive study was undertaken. Where necessary, extracts from relevant case law are included.

This book has the extra benefit of providing easy access to the Comparative Provisions of the Companies Act 1965 (Act 125) and the Companies Act 2016. (Act 777). The comparison parts are placed next to each other and serve as additional resources for understanding the new legislation's modifications.

“Although Loh Swee Cheang’s texts on corporate law continue to provide much assistance, what was wanting was a handbook on insolvency. The want has been fulfilled by this work.” – Datuk Seri Gopal Sri Ram

TABLE OF CONTENTS of Companies Winding Up in Malaysia

Chapter 1- Introduction
Chapter 2 – Grounds for winding up
Chapter 3 – Voluntry winding up
Chapter 4 -Compulsory winding up 
Chapter 5 – Winding up proceedings 
Chapter 6 – Stay and injunction 
Chapter 7 – Liquidation and dissolution of the company covers many more areas extensively

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