Right of direct access
(1) A foreign representative is entitled to apply directly to the Court under this Act for the recognition of foreign proceedings or for any relief or assistance provided under this Act.
(2) A foreign representative may appear in person or may be represented by an advocate for the purposes of any application made under this Act.
(3) In this section, “advocate” means any person entitled to practice as an advocate or as a solicitor or as an advocate and solicitor under any law in any part of Malaysia.
Limited jurisdiction
The sole fact that an application under this Act is made to the Court by a foreign representative does not subject the foreign representative or the foreign property and affairs of a debtor to the jurisdiction of the Court for any purposes other than the application.
Application by foreign representative to commence proceedings under Malaysian insolvency law
A foreign representative appointed in foreign main proceedings or foreign non-main proceedings is entitled to apply to commence proceedings under Malaysian insolvency law if the conditions for commencing such proceedings are otherwise met.
Participation of foreign representative in proceedings under Malaysian insolvency law
Upon recognition of foreign proceedings, a foreign representative is entitled to participate in proceedings regarding a debtor under Malaysian insolvency law.
Access of foreign creditor to proceedings under Malaysian insolvency law
(1) 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.
Notification to foreign creditor of proceedings under Malaysian insolvency law
(1) Where 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.
(2) The Court may make an order requiring that reasonable steps be taken to notify any foreign creditor whose address is not yet known.
(3) The notification referred to in subsection (1) shall be given to the foreign creditors individually, unless the Court is satisfied that, under the circumstances—
(a) some other form of notification would be more appropriate, including electronic notification or online notification; or
(b) 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.
(4) Where notification of a right to file a claim is to be given to foreign creditors, such notification shall—
(a) specify a reasonable time period for filing claims and specify the place of filing;
(b) indicate whether a secured foreign creditor is required to file his secured claims; and
(c) 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.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
