Section 13
Access of foreign creditor to proceedings under Malaysian insolvency law
of Cross-Border Insolvency Act 2026
Subject to subsection (2), a foreign creditor shall have the same rights regarding the commencement of, and participation in, proceedings under Malaysian insolvency law as creditors in Malaysia.
(2)
Subsection (1) shall not affect the ranking of claims in proceedings under Malaysian insolvency law, or the exclusion of foreign tax claims, social security claims or claims for employee’s superannuation or provident funds or claims under any scheme of superannuation from such proceedings.
(3)
Notwithstanding subsection (2), the claims of a foreign creditor shall not be ranked lower than general unsecured creditors solely by reason that the creditor is a foreign creditor.