Cross-Border Insolvency Act 2026 · Updated to 30 Jan 2026 · Part II · Access of Foreign Representatives and Foreign Creditors to Courts in Malaysia
13. Access of foreign creditor to proceedings under Malaysian insolvency law
Feedback & supportSubject 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.
Malaysian insolvency law
“Malaysian insolvency law” means— (a) this Act; (b) subdivisions 2 and 3 of Division 7 of Part III, Division 8 of Part III, and Parts IV and V of the Companies Act 2016; (c) sections 74, 127, 130zb, 131, 131a, 151c and 151d of the Labuan Companies Act 1990; (d) any subsidiary legislation made under this Act, the Companies Act 2016, the Labuan Companies Act 1990 and the Courts of Judicature Act 1964; and (e) the common law of Malaysia relating to or in connection with any provision of this Act, the Companies Act 2016, the Labuan Companies Act 1990 and the Courts of Judicature Act 1964 or any provision of any subsidiary legislation made under this Act, the Companies Act 2016, the Labuan Companies Act 1990 and the Courts of Judicature Act 1964;
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.
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.