Theories of corporate insolvency: A philosophical analysis of the corporate rescue mechanisms under the Companies ACT 2016
Chen, T.W1, Azmi, R2, Rahman, R.A3.
This paper aims to provide an examination of the theories that
underpin corporate insolvency as developed in the US and the UK,
and apply that to the two novel corporate rescue mechanisms; the
corporate voluntary arrangement and judicial management, which
are embedded in the Companies Act 2016 (CA 2016) of Malaysia.
This paper adopted a doctrinal and theoretical approach to law. The
tension in the corporate rescue mechanisms in the CA 2016 between
creditors and other stakeholders of a company affected the objectives
on corporate insolvency in Malaysia. This paper identified the theories that are reflected in the corporate rescue mechanisms in the CA 2016
– a gap within the provisions which was left out in the process that
ranged from consultancy and leading up to the drafting of the CA
2016. In addition, the objectives of introducing the corporate rescue
mechanisms were identified. These findings may pave the way to
reform the corporate rescue law in order to enhance its conformity
with the objectives of corporate rescue in Malaysia. This in turn
would facilitate the recovery of financially distressed companies and
the minimisation of the loss of employment.
Affiliation:
- Universiti Utara Malaysia, Malaysia
- Universiti Utara Malaysia, Malaysia
- Universiti Utara Malaysia, Malaysia
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