Malaysia legislation

Section 14

of INSOLVENCY (AMENDMENT) ACT 2023

Section 14

Schedule A to the principal Act is amended—

(a)

by deleting paragraph 1;

(b)

by substituting for paragraph 2 the following paragraph:

“2.  The Director General of Insolvency shall summon—

(a)

in the case of a debtor’s petition, the creditors mentioned in the bankrupt’s statement of affairs and the creditors who have filed the proof of debts, and the bankrupt; or

(b)

in the case of a creditor’s petition, the petitioner, the creditors mentioned in the bankrupt’s statement of affairs and the creditors who have filed the proof of debts, and the bankrupt, to a meeting of creditors by giving not less than seven days’ notice of the time and place thereof in the prescribed manner.”;

(c)

in paragraph 4, by inserting after the words “at such place” the words “or in such manner including the use of remote communication technology”;

(d)

in paragraph 5—

(i)

by substituting for the words “may at any time”

the word “shall”; and

(ii)

by deleting the words “, and shall do so”;

Insolvency (Amendment)

(e)

in paragraph 6—

(i)

by substituting for the words “Meetings subsequent to the first meeting shall be summoned”

the words “Any meeting of creditors subsequent to the meeting mentioned in paragraph 2

shall be summoned by the Director General of

Insolvency”; and

(ii)

by substituting for the words “the person summoning the meeting” the words “the Director General of Insolvency”; and

(f)

in paragraph 7—

(i)

by inserting after the words “every meeting”

the words “of creditors”; and

(ii)

by substituting for the words “subsequent meeting”

the words “meeting of creditors”.

Application of paragraphs 33b(2a)(e) and (f) to person adjudged bankrupt before the coming into operation of this Act