Companies Winding Up Rules Malaysia
Procedure for compulsory winding up.
Companies winding up rules malaysia. For winding up that commenced under the old companies act 1965 the old procedure and the old forms would still apply. A copy of the resolution for winding up is to be posted in a widely circulated newspaper in malaysia in both the national language and in english ten 10 days from the date the resolution was passed. Guidance note instructions for advisory services 8. In order to close a company in malaysia there are two ways to do so.
Notice of the winding up order and particulars of liquidator winding up by court. Companies 1 laws of malaysia reprint act 125 companies act 1965 incorporating all amendments up to 1 january 2006 published by the commissioner of law revision malaysia under the authority of the revision of laws act 1968 in collaboration with. We will start with getting our terminology right. Any excess proceeds are then returned to the shareholders of the company.
It is an offence under section 591 of the companies act 2016 to make or authorize the making of a statement that a. Court means the courts in malaysia or a judge thereof. Citation and commencement these rules may be cited as the companies winding up rules. Although malaysia has transitioned from the companies act 1965 to the companies act 2016 there are two winding up regimes that need to exist side by side.
Liquidator takes over all affairs of the company and proceed with winding up. The company s assets are sold off and then used to pay off the company s debts. The process flow for winding up both vwu and compulsory in the companies act 1965 ca 1965 is retained in the companies act 2016 ca 2016 section 619 6 of the ca 2016 states that a company which is in the course of winding up immediately before the commencement of the act shall continue to be wound up under the relevant provisions in the companies act 1965. Companies act means the companies act 1965 as amended including the companies winding up rules 1972.
Winding up members liquidation while winding up of a company can easily cost more than rm10 000 the easier way and cost effective way to close down a company is by way of strike off. The winding up of a company is the process of bringing an end to a company. If the official receiver malaysia is appointed as interim liquidator or liquidator complete. A 289 1972 in exercise of the powers conferred by section 372 of the companies act 1965 act 125 and section 16 of the courts of judicature act 1964 act 91 the rules committee hereby makes the following rules.
After the winding up petition is presented the creditor must advertise the petition in the government gazette and newspapers. Winding up of schemes etc.