The New Law of Corporate Restructuring in Malaysia

Author(s):  
Aishah Bidin ◽  
Nordin Hussin

The passing of the Malaysian Companies Bill 2015, which replaced the Companies Act 1965, marks the most comprehensive legislative change in Malaysia's corporate law in 50 years. The Companies Act 2016 makes some significant changes to Malaysia's corporate insolvency regime, as it introduces two new insolvency processes: judicial management and corporate voluntary administration. It also modifies the existing law relating to schemes of arrangement. The objective of this chapter is to study and evaluate the legislative position in United Kingdom, Australia, and Malaysia with regard to the scheme of creditors' arrangement. The introduction of the judicial management mechanisms is a move towards bringing Malaysia's insolvency laws up to the same international standards as many other countries in the region. It also discusses on the strength and limitation of the mechanism as opposed to the concept of judicial management.

1986 ◽  
Vol 69 (4) ◽  
pp. 598-600
Author(s):  
Joseph C Johnson

Abstract The smoking and analytical methods used by government and tobacco industry laboratories are the result of many years of collaborative work within the industry and through international bodies such as the International Standards Organization. Recently, some publications have criticized the validity and scientific soundness of these procedures. It is shown that such criticisms are totally unfounded by reviewing the work that led to the adoption of the current technique. Tar tables, published by the UK Health Departments are valid in ranking brands in order of their yields, while not necessarily reflecting the absolute tar delivery to the smoker. These tables are intended to and do provide a relevant guide for smokers about the proportional tar yields of UK cigarettes.


2019 ◽  
pp. 889-986
Author(s):  
Carsten Gerner-Beuerle ◽  
Michael Schillig

This chapter discusses the termination of the corporate existence and in particular the issue of corporate insolvency. There are many reasons for ending the corporate existence such as corporate failure, a merger, or formation of the corporation for only a limited period of time which has expired. In all these incidences, corporate law has to provide a process that ensures that pre-existing contractual entitlements are respected in accordance with the idea of creditor preference and shareholder residuarity. The remainder of the chapter discusses the special case of insolvency, in particular concepts of insolvency, the transition regimes from corporate governance to bankruptcy governance, and insolvency and restructuring options under the legal systems under consideration here. It concludes that the rise of the ‘rescue culture’ has resulted in a remarkable convergence of insolvency and restructuring law on both sides of the Atlantic.


2022 ◽  
Vol 7 ◽  
Author(s):  
R. S. McLeod ◽  
M. Mathew ◽  
D. Salman ◽  
C. L. P. Thomas

Young people spend extended periods of time in educational buildings, yet relatively little is known about the air quality in such spaces, or the long-term risks which contaminant exposure places on their health and development. Although standards exist in many countries in relation to indoor air quality in educational buildings, they are rarely subject to detailed post-occupancy evaluation. In this study a novel indoor air quality testing methodology is proposed and demonstrated in the context of assessing the post-occupancy performance of a recently refurbished architecture studio building at Loughborough University, United Kingdom. The approach used provides a monitoring process that was designed to evaluate air quality in accordance with United Kingdom national guidelines (Building Bulletin 101) and international (WELL Building) standards. Additional, scenario-based, testing was incorporated to isolate the presence and source of harmful volatile organic compounds, which were measured using diffusive sampling methods involving analysis by thermal desorption - gas chromatography - mass spectrometry techniques. The findings show that whilst the case-study building appears to perform well in respect to existing national and international standards, these guidelines only assess average CO2 concentrations and total volatile organic compound limits. The results indicate that existing standards, designed to protect the health and wellbeing of students, are likely to be masking potentially serious indoor air quality problems. The presence of numerous harmful VOCs found in this study indicates that an urgent revaluation of educational building procurement and air quality monitoring guidelines is needed.


2020 ◽  
Vol 91 (4) ◽  
pp. 235-244
Author(s):  
V. V. Chumak

The author of the article studies international experience of the organization and activities of forensic institutions on the example of such countries as Germany, France, the Netherlands, Czech Republic and the United Kingdom. The legislative features of the functioning of forensic institutions and the regulation of the legal status of experts are noted. It is determined that regardless of the departmental subordination of forensic institutions, their activities are based on international standards. The author has identified a scientific novelty, which consists in the further development of the provisions obtained by scientists and scholars on the organizational structure and practical activities of forensic institutions both in Ukraine and abroad, as well as the formulation of new conceptual provisions, conclusions and propositions for improving regulation of forensic activity in Ukraine. The author of the article proves that the organization and activities of forensic institutions in France are based on national and international law regulating the specifics of forensic examinations and the legal status of the expert. The author concludes that forensic activities in Germany, France, Spain, the Netherlands and the United Kingdom are carried out effectively, and its legal regulation takes place without violation of human rights and freedoms in compliance with international rules and standards. Their legislation, which addresses the organization and operation of forensic institutions, is aimed at respecting the rights and freedoms of a man and citizen, protection of the rights and interests of forensic experts. The author of the article defines that the implementation of international norms and standards of organization and activity of forensic institutions brings expert institutions to a new level of functioning. This makes it possible to create an effective mechanism for the management and operation of forensic institutions and experts, which will determine the high requirements for forensic examination, increase the professional level and efficiency of employees of expert institutions, which can meet the needs of modern justice.


Author(s):  
Sikha Bansal

The chapter, while making a background study of the principles underlying corporate insolvency laws and corporate insolvency laws prevalent in non-Asian economies (i.e., United States, United Kingdom, Australia, and South Africa), tracks the history of corporate insolvency law in select South-Asian and South-East Asian countries (i.e., Bangladesh, Bhutan, India, Malaysia, Nepal, Pakistan, Sri Lanka, and Thailand). The chapter seeks to acquaint the readers with the efforts which led to the various reforms in these jurisdictions.


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