Malaysia legislation

Section 17

of CROSS-BORDER INSOLVENCY ACT 2026

Section 17

(2)

Subject to section 7, the Court shall recognize foreign proceedings by making a recognition order if—

(a)

the proceedings are foreign proceedings within the meaning of subsection 2(1);

(b)

the person or body applying for recognition is a foreign representative within the meaning of subsection 2(1);

(c)

the application complies with the requirements of subsections 15(2) and (3); and

(d)

the application has been submitted to the Court referred to in section 5.

(3)

The foreign proceedings shall be recognized as—

(a)

foreign main proceedings, if the foreign proceedings are taking place in a foreign State where a debtor has its centre of main interests; or

(b)

foreign non-main proceedings, if the debtor has an establishment within the meaning of subsection 2(1)

in the foreign State.

(4)

Nothing in this section, section 15, 16 or 18 shall prevent the modification or termination of a recognition order, if it is shown that the grounds for granting the recognition order were wholly or partly lacking at the time the recognition was granted or have wholly or partly ceased to exist.

(5)

The Court may, on the application of a foreign representative, a person affected by the recognition, or on its own motion, modify or terminate a recognition order, either wholly or for a limited period, on such conditions as the Court thinks fit.

Act 877

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