Cross-Border Insolvency Act 2026 · Updated to 30 Jan 2026 · Part III · Recognition of Foreign Proceedings and Relief
15. Application for recognition of foreign proceedings
Feedback & supportA foreign representative may apply to the Court for recognition of foreign proceedings in which the foreign representative has been appointed.
foreign representative
“foreign representative” means a person or body appointed, including a person or body appointed on an interim basis, and authorized in foreign proceedings to administer the reorganization or liquidation of a debtor’s property or affairs or to act as a representative of the foreign proceedings.
An application for recognition of foreign proceedings shall be accompanied by—
foreign proceedings
“foreign proceedings” means collective judicial or administrative proceedings in a foreign State, including interim proceedings, under the law relating to insolvency in which proceedings the property and affairs of the debtor are subject to control or supervision by a foreign court, for the purposes of reorganization or liquidation;
a certified copy of the decision commencing the foreign proceedings and appointing the foreign representative;
a certificate from the foreign court affirming the existence of the foreign proceedings and the appointment of the foreign representative; or
in the absence of evidence referred to in paragraphs (a)
and (b), any other evidence acceptable to the Court of the existence of the foreign proceedings and of the appointment of the foreign representative.
An application for recognition of foreign proceedings shall also be accompanied by a statement identifying all foreign proceedings and proceedings under Malaysian insolvency law in respect of the debtor that are known to the foreign representative.
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 foreign representative shall provide the Court with a translation into English language text of a document submitted other than in the English language in support of the application for recognition of foreign proceedings and the translation shall be accompanied by a certificate from the person who translated the document setting out that the translation is accurate and true.