Restructuring and Insolvency : A commentary by Jimmy Ng Chwe Hwa, Wong Chee Lin | 2023
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Restructuring and Insolvency : A commentary by Jimmy Ng Chwe Hwa, Wong Chee Lin | 2023
| Author | Jimmy Ng Chwe Hwa, Wong Chee Lin and a team of expert contributors |
| Publication Date | April , 2023 |
| ISBN | 9786297527079 |
|
Format |
HardCover + E-Book |
| Publisher | Sweet & Maxwell |
Description of Restructuring and Insolvency : A commentary :
This book offers helpful section-by-section commentary on the clauses of the Companies Act 2016 (CA 2016) that deal with corporate restructuring and insolvency. The insightful knowledge and advice in this book, which was written by an expert contributor team of legal and insolvency practitioners under the direction of General Editors who are eminent practitioners in the field, make it one that will unquestionably be the leading reference in the practice of restructuring and insolvency in Malaysia.
The high-quality commentary is accompanied by the whole text of the pertinent parts of the CA 2016, which allows for a confident implementation of the CA 2016's requirements. The commentary is informative, practical, and authoritative. References to local and international case law and legislation are used to support the in-depth legal discussion. Signposts to linked provisions help the user understand how the CA 2016's interconnected provisions function as a whole. In a specific section called Practical Guidance, knowledgeable resources and industry-recognized best practices are presented.
Key Features of Restructuring and Insolvency : A commentary :
- a thorough analysis on the relevant statutory provisions backed by citations to both domestic and international case law
- Comparative law, such as the law in Singapore, the UK, and Australia, gives a starting point for more investigation.
- 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 timelines, flowcharts, and checklists for certain procedures cross-referenced with the 1972 Companies (winding-up) Rules and the 2018 Companies (Corporate Rescue Mechanism) Rules
- Useful links to pertinent forms on the SSM website and MIA's insolvency advisory notes
- 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
Table Of Contents of Restructuring and Insolvency : A commentary :
1. Scheme of Arrangement
2. Receivership
3. Corporate Rescue Mechanism
– Corporate Voluntary Arrangement
– Judicial Management
4. Liquidation
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