Companies Voluntary Winding-Up Handbook

RM200.00

Authors: Cheah Foo Seong, Lee Siew Kim
ISBN: 9789672339939
Publication Date:
Aug 2020
Format: Print & Proview eBook
Country: Malaysia

“Being an artificially created legal entity, even though it is dormant a company will continue to exist if no action is taken to dissolve the company. This book is useful to readers who wish to learn more of the law, practice and procedure involved in a winding-up of a company.”
From the Foreword by Nor Azimah Abdul Aziz,
 Chief Executive Officer,
Companies Commission of Malaysia
Categories: , Product ID: 12081

Description

KEY FEATURES
  • Written in simple English language for easy understanding of the legal provisions governing voluntary winding-up.
  • Written by authors with vast company law and corporate secretarial experience.
  • Systematic and well-structured organisation of content supported by relevant statutory and case authorities.
  • Useful flow-charts, forms, notices and sample documents.
  • Important forms of the Companies Commission of Malaysia are reproduced for easy reference. 

This handbook covers various aspects of voluntary winding-up, i.e members’ and creditors’ voluntary winding-up. It discusses the law concerning voluntary winding-up and related practices, with the text supported by relevant flow-charts, forms, notices and sample minutes of Board of Directors meeting and notification of resolutions. The diverse matters covered in the book include:

  • Procedures of voluntary winding-up;
  • Effects of passing a resolution by members to wind up a company;
  • Grounds for voluntary winding-up of a company;
  • Declaration of solvency;
  • Roles and responsibilites of liquidators;
  • Practical issues affecting liquidators;
  • Striking off name of company; and
  • Consequences of winding-up to a company and limited liability partnership (LLP).

The principal audience of this handbook are accountants, company secretaries and professionals who are involved in voluntary winding-up work. It will also be a valuable guide to legal practitioners who are new and may have limited experience in this area, to carry out the work more smoothly from start to end. For the more experienced practitioner, this will be a handy work companion. This handbook will also be beneficial to students who are pursuing their further studies in the Business, Accounting and Corporate Administration fields.

Table of Contents: 

Chapter 1: Introduction
Chapter 2: Members’ Voluntary Winding-Up
Chapter 3: Declaration of Solvency
Chapter 4: Roles and Responsibilities of Liquidator
Chapter 5: Creditors’ Voluntary Winding-Up
Chapter 6: Miscellaneous Matters of a Liquidator
Chapter 7: Leave of Court
Chapter 8: Issues Affecting or Faced by Liquidators
Chapter 9: Striking Off Name of Company
Chapter 10: Limited Liability Partnership: Dissolution and Striking Off
List of forms

 

ABOUT THE AUTHORS:
Cheah Foo Seong
 has had over 30 years of experience in corporate secretarial practice and served as the Technical Director of the Malaysian Institute of Chartered Secretaries and Administrators (MAICSA) from 1995 to 2000. In 2002, Dr Cheah was elected to the MAICSA Council, and served as Vice President of the Institute in 2008/2009 and Deputy President in 2009/ 2010. He was the President of MAICSA in 2011 and is now a Past President of MAICSA.

He has also been a highly sought trainer/speaker on company law and practices for professional bodies like MIA, MAICSA, MICPA and training organisations like IACS and CCH Executive seminars. He was a part- time lecturer on company law and company secretarial practices at UiTM Shah Alam, Multimedia University and Universiti Tunku Abdul Rahman (UTAR) in the early years of the respective universities development.

He earned an MBA from Henley Management College of the Brunel University, UK and a LLM from Staffordshire University, UK and was awarded Doctor of Laws in 2007 by the School of Law and Policies, American Heritage University, California, USA. He is a Fellow of the ICSA, UK, a Member of MAICSA and a Fellow of the Institute of Public Accountants, Australia. He authored A Practical Guide for Company Directors in Malaysia (Second Edition, 2018), Companies Act 2016 with Overview (2019 Edition), published by Sweet & Maxwell Asia. He was also the General Editor for The Annotated Malaysian Companies Act 2016 (Second Edition). He has written many other booklets published by MAICSA, among them are Members Voluntary Winding- Up, the Company Secretary’s Kit and Best Practices for Companies’ Annual General Meetings, Independent Directors & Best Practices, and Different Types of Directors of a Board. In 2008, he co- authored Corporate Governance in Malaysia: Principles & Practices, published by August Publishing.

Lee Siew Kim was the Head of Winding- Up Unit, Registration Services Division in Suruhanjaya Syarikat Malaysia (SSM) before she retired in July 2015. She joined the Registrar of Companies (ROC) in 1982. During her 33-year tenure with the Registrar of Companies/SSM, she amassed vast experience working with various departmental sections at SSM, such as Incorporation, Registration of Documents, Charges, Winding- Up and Striking Off.
She had also regularly acted as SSM trainer for members of professional organisations like the Malaysian Institute of Chartered Secretaries & Administrators (MAICSA) and the Institute of Approved Company Secretaries (IACS) on members’ voluntary winding-up. She is often sought after to speak at seminars and train members of professional bodies on the subject of members’ voluntary winding-up.

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