As businesses face fiercer competition arising from a variety of factors such as rapid innovation in technology and acute resource constraints, it is organic that a corporation may reach a point where changes have to be embraced according to its current needs to survive or progress. Such changes may require corporate restructuring.
Corporate restructuring may be undertaken by corporations in various circumstances for various reasons; for example, to acquire more capital, enhance growth, manage tax exposures, increase operating efficiency, comply with new government policies or regulations, become more competitive, receive access to the newer technology or mitigate adverse consequences from an event (whether foreseeable or otherwise).
In light of the ongoing COVID-19 pandemic, financially distressed companies are pursuing restructuring and corporate rescue mechanisms to facilitate their rescue. Some of the key restructuring and corporate rescue options in Malaysia include corporate voluntary arrangement, judicial management, scheme of arrangement, members and/or creditors voluntary winding up and compulsory winding up.
This session aims to provide an insight into the concepts of corporate restructuring in Malaysia. It will also attempt to focus on the key mechanisms adopted and the surrounding issues when conducting a corporate restructuring exercise.
Mohd Farizal Farhan is a partner and corporate lawyer at Rosli Dahlan Saravana Partnership with more than 13 years of experience in advising clients (including Fortune 500 companies) in negotiating a wide range of transactions, including acquisition and restructuring exercises, joint ventures, corporate and commercial deals, major construction projects as well as energy, oil and gas related matters.
He previously served as an in-house legal counsel for Avocet Mining PLC, Hess Corporation, Petroliam Nasional Berhad (Petronas), and Petronas Chemicals Group Berhad.
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