In forceUpdated to 30 Jan 2026Read it in Bahasa Malaysia

Contents

Cross-Border Insolvency Act 2026 · Updated to 30 Jan 2026 · Part III · Recognition of Foreign Proceedings and Relief

19. Relief that may be granted upon filing of application for recognition of foreign proceedings

(1)

From the time an application for recognition of foreign proceedings is filed until the application is determined, the Court may, on the application of the foreign representative, where relief is urgently needed to protect the property of the debtor or the interests of the creditors, grant any such relief of a provisional nature as the Court thinks fit, including—

(a)

staying any execution against the property of the debtor;

(b)

entrusting the administration or realization of whole or any part of the property of the debtor located in Malaysia to the foreign representative or to a Malaysian insolvency office-holder, for the purpose of protecting and preserving the value of the property which, by its nature or due to other circumstances, is perishable, susceptible to devaluation or is otherwise in jeopardy; and

(c)

granting any relief referred to in paragraph 21(1)(c), (d)

or (g).

(2)

Any relief granted under subsection (1) by the Court shall be consistent with any order that has been made or may be made under this Act, the Companies Act 2016, the Labuan Companies

Act 1990 or any other written laws.

Cross-Border Insolvency 19

(3)

Unless extended under paragraph 21(1)(f), the relief granted under subsection (1) shall terminate upon the determination of the application for recognition of foreign proceedings.

(4)

The Court may refuse to grant any relief under this section if such relief would interfere with the administration of foreign main proceedings.

Terms defined in s 2

Court
Defined · s 2
“Court” means the Court as referred to in section 5;
Open s 2
debtor
Defined · s 2
“debtor” means— (a) a corporation as defined in section 3 of the Companies Act 2016 but does not include limited liability partnership and foreign limited liability partnership; or (b) a corporation as defined in section 2 of the Labuan Companies Act 1990;
Open s 2
foreign main proceedings
Defined · s 2
“foreign main proceedings” means foreign proceedings taking place in a foreign State where the debtor has its centre of main interests;
Open s 2
foreign proceedings
Defined · s 2
“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;
Open s 2
foreign representative
Defined · s 2
“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.
Open s 2
Malaysian insolvency office-holder
Defined · s 2
“Malaysian insolvency office-holder” means— (a) the Official Receiver as defined in section 2 of the Companies Act 2016; (b) a person appointed under the Companies Act 2016 to act in any of the following capacities: (i) liquidator or interim liquidator, whether in a compulsory or voluntary winding up; (ii) judicial manager or interim judicial manager in judicial management; (iii) nominee or supervisor of a corporate voluntary arrangement; or (iv) representative of a scheme of compromise or arrangement; (c) a person approved under the Labuan Companies Act 1990 as an approved liquidator; (d) any other person appointed by the Court under subsection 6(2) to act in a foreign State on behalf of any proceedings; or (e) any other such person or body recognized under any written law in Malaysia in a collective judicial or administrative proceedings in Malaysia, 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 the Court, for the purposes of reorganization or liquidation;
Open s 2

Report

Read on from s 20

Part IV

Cooperation with Foreign Courts and Foreign Representatives

Read on from Part IV

Part V

Concurrent Proceedings

Read on from Part V

Part VI

General

Read on from Part VI