Malaysia legislation
Section 161
Section 161
(a)
the primary affected person—
(i)
is unable or likely to be unable to pay its debts; or
(ii)
is unable or likely to be unable to fulfil its obligations to its creditors;
(b)
the survival of the primary affected person and the whole or any part of its assets as a going concern may be achieved;
(c)
a more advantageous realisation of the assets of the primary affected person may be achieved than a winding up; or
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(d)
the appointment may achieve a more advantageous realisation or a more expeditious settlement of a duty or liability owed by any person to the Corporation or any subsidiary of the Corporation, whether present or future, or whether vested or contingent.
(2)
The Corporation may appoint one or more conservators over the affected person.
(3)
The Corporation may at any time after the appointment of any conservator under subsection (2) appoint additional conservators and may, at any time, terminate any existing conservator and appoint a new conservator to replace him.
(4)
Nothing in subsection (3) shall be taken to terminate the administration of any affected person unless so terminated by the
Corporation.
(5)
Any decision of the Corporation relating to the appointment of a conservator, an additional conservator, termination of any existing conservator and the appointment of a new conservator in his stead, shall be final and binding.
(6)
A conservator, in exercising its powers under this Part, shall not be required to notify or obtain the approval of shareholders or creditors of the affected person in a general meeting or otherwise notwithstanding any rule of law, contract or anything in any law including the Companies Act 2016 or anything in the constituent documents of the affected person.
(7)
Any person who contravenes—
(a)
section 173 or 177; or
(b)
subsection 170(1), 174(1), 175(2), 176(1), 179(1) or 183(1), commits an offence and shall, on conviction, be liable to a fine not exceeding three million ringgit or to imprisonment for a term not exceeding three years or to both.
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Qualifications of conservator