Cross-Border Insolvency Act 2026 · Updated to 30 Jan 2026 · Part II · Access of Foreign Representatives and Foreign Creditors to Courts in Malaysia
14. Notification to foreign creditor of proceedings under Malaysian insolvency law
Feedback & supportWhere under Malaysian insolvency law notification is required to be given to creditors in Malaysia, such notification shall also be given to all known foreign creditors who do not have addresses 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;
The Court may make an order requiring that reasonable steps be taken to notify any foreign creditor whose address is not yet known.
Cross-Border Insolvency 15
The notification referred to in subsection (1) shall be given to the foreign creditors individually, unless the Court is satisfied that, under the circumstances—
some other form of notification would be more appropriate, including electronic notification or online notification; or
notification to creditors in Malaysia is given by way of advertisement in the local newspapers in which case the notification to the known foreign creditors may be given by way of advertisement in such foreign newspapers as the Court considers appropriate for ensuring that the content of the notification comes to the attention of such known foreign creditors.
Where notification of a right to file a claim is to be given to foreign creditors, such notification shall—
specify a reasonable time period for filing claims and specify the place of filing;
indicate whether a secured foreign creditor is required to file his secured claims; and
contain any other information required to be included in such a notification to creditors under the laws of Malaysia and the orders of the Court.