Event

Event

 

The New Companies Act 2016 And The Companies Winding Up Petitions An Introduction

3 Aug 2019 - Sat / 1 day / 9:30am - 12:30pm / Selangor Bar Committee Auditorium
Outline:
  1. New threshold of issuing a Notice Pursuant to s 218 (now 465 and 466) of the new Act.
  2. Is a Judgment required prior to the filing of a Companies Winding Up Petition?
  3. Definition of Unable to pay its debts
  4. Affidavit Verifying Petition
  5. New Commencement of the Winding Up
  6. Twice or four times Advertisement of the Petition in the Newspapers?
  7. Affidavit In Opposition to Petition
  8. Appointment of an INTERIM Liquidator, Official Receiver or the (Private) liquidator.
  9. Costs
Organisers: Selangor Bar

CPD Points: 3
Event Code:

Description

Outline:

  1. New threshold of issuing a Notice Pursuant to s 218 (now 465 and 466) of the new Act.
  2. Is a Judgment required prior to the filing of a Companies Winding Up Petition?
  3. Definition of Unable to pay its debts
  4. Affidavit Verifying Petition
  5. New Commencement of the Winding Up
  6. Twice or four times Advertisement of the Petition in the Newspapers?
  7. Affidavit In Opposition to Petition
  8. Appointment of an INTERIM Liquidator, Official Receiver or the (Private) liquidator.
  9. Costs
  10. Interpretation by the Federal Court of the word ‘and’ in s 223 of the old Companies Act 1965, as ‘disjunctively’ instead of the usual ‘conjunctively’, and now in light of the new section 467 the Companies Act 2016.
    1. The Pay Something for Nothing” proposition.
  11. How  the RM74 million court judgment in Damages based on the valuation of shares was reduced to nothing?
    1. The journey of both matters from the High Court all the way to the Federal Court.

Speaker

Alex Chang Huey Wah from Queen Mary College is now the managing partner of Alex Chang & Co, a legal firm which specialises in debt recovery, Companies Winding Up and companies law related matters.

Publications, he is involved:
The Companies Winding Up Handbook, published by the Malayan Law Journal (Lexis Nexis 1998, 2nd Ed 2003);
The Malaysian Court Forms;
The Halsbury's Laws of Malaysia;

The Footprints of a Judge's Journey Through Mother Earth; a semi autobiography for the late Dato Vincent Ng a retired Judge of the Court of Appeal published by the Current Law Journal; and The Recommended Practice Guide- Minutes Writing, published by MAICSA.  He has appeared in many reported cases as counsel or where his Winding up Handbook was referred to by the courts as reference material in many cases.  He pioneered the concept of "pay up or wind up", a concept he will share with you on how the unsecured creditors may get paid ahead of the bankers. He was also the leading counsel in the winding up of two public companies (CNLT Far East Berhad and FW Industries Berhad) and numerous private limited companies.

His Latest Magic: The court ordered Mr Chang's clients to pay RM74 million as damages, he turned the RM74 million court judgment to nothing. The matter was reported in the Malayan Law Journal.

How he convinced the Federal Court that the word ‘and' in s 223 of the old Companies Act 1965,   should be interpreted ‘disjunctively’ instead of the usual ‘conjunctively’. He will share with you how he argues both matters from the High Court all the way to the Federal Court. Alex is also frequently invited to  give  talks in seminars and workshops organised by the Bar Council of Malaysia,  the Kuala Lumpur, Selangor,  Johor,  Pahang, Perak   Bar  Committee,  Sabah Law Association, Advocates  Association  of Sarawak,  Malaysian Institute of Accountants (MIA),  Chartered Secretarial Malaysia (MAICSA), Malayan Law Journal (Lexis Nexis), BASIS  and others.

Terms and Conditions

Please contact the organiser for further Terms and Conditions.

Selangor Bar Committee
No. 37,39 & 41, Jalan Bola Jaring 13/15, Seksyen 13, 40100 Shah Alam, Selangor Darul Ehsan
Tel: +603 5519 6219
Fax: +603 55199037

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