English Version 清盘后将发生什么？ Does the company cease operations immediately? 公司将立刻停止运作吗？ [1] A company can enter into liquidation procedure in two manners, by voluntary liquidation andmembers’ voluntary winding up (Section 432(2)(a) of the Companies Act 2016);creditors’ voluntary winding up (Section 432(2)(b) of the Companies Act 20Read More…
关于东西马的时效法案的比较 LIMITATION OF ACTIONS TO RECOVER LAND AND RENT 对于回收土地和租金行动的限制 “Versi Bahasa Malaysia” With regards to the limitation of actions to recover rents, the timescale for all three jurisdictions is limited to six years. 关于追回租金的行动限制，在所有三个司法管辖区内的时间范围都限于6Read More…
English Version Versi Bahasa 为什么律师不应该通过电话为您提供法律建议 WHY SOLICITORS DO NOT GIVE LEGAL ADVICE OVER THE PHONE?” 为什么律师不应该通过电话为您提供法律建议？ First of all, the conversation below is to illustrate this whole article on the reasons why professional workers such as solicitors do not give legal advice over the pRead More…
English Version 马来西亚法庭审讯程序的6个贴士 1. Introduction 介绍It is crucial for a party, namely the Plaintiff to have a cause of action before he commences an action against the Defendant. A cause of action exists if there is a Plaintiff who can sue, a Defendant who can be sued and there are material facts which entitles the Plaintiff to succeed. 对于原告Read More…
Englisih Version 中文版 Circumstances Post Is Used To Deliver Court Documents Keadaan Pos Digunakan Untuk Menyampaikan Dokumen Mahkamah Personal service not required unless there is express provision or is required by order of the Court. (O.62, r. 1)Penyampaian kediri tidak diperlukan melainkan terdapat peruntukan nyata atau dikehendaki oleh perintah Mahkamah (A.62, k. 1Read More…
English Version Versi Bahasa Malaysia You Can Issue a Demand but you must wait 6 months to sue 您可发出要求，但须等六个月才能起诉 Nuclear Bomb 核弹 1 During the Movement Control Order (MCO), on April 10, 2020, our Minister of Domestic Trade and Consumer Affairs, the Honourable Datuk Alexander Nanta Linggi struck a nuclear bomb into the hearts of miRead More…
English Version Versi Bahasa Malaysia What happens after compulsory winding‑up? 强制清盘后会发生什么？ Distribution of Assets 资产分配 From the assets of the wound up company (through a compulsory winding up) available to be distributed the unsecured creditors, the liquidator will: 清算人将从清盘公司资产（通过强制清盘）中Read More…
7件事需要知道调解过程 The Mediation Process in Malaysia 马来西亚的调解程序 A. What is Mediation? A. 什么是调解？ Mediation is a voluntary, solution-oriented form of alternative dispute resolution. This is where the parties to a dispute agree to resort to mediation, they may seek the assistance of an independent and impartial third party, a Mediator, wRead More…
债权扣押程序 （第三债务人程序） English version Versi Bahasa What are Garnishee Proceedings? 1.什么是债权扣押程序 （第三债务人程序）？ A garnishee proceeding is a form of judgment enforcement procedure used to pursue judgment debts, normally when a respondent fails to comply with a monetary judgment obtained by a claimant. 第三债务人程序Read More…
《 2016年新公司法》司法经理公司自愿重整安排债务追收 The New Companies Act 2016 2016年新公司法 How will the Judicial Manager and Corporate Voluntary Arrangement affectthe Recovery of your Million Dollars Debts as an Unsecured Creditors 司法经理和公司自愿重整安排将如何影响您身为无担保债权人的百万元债务Read More…
English Version Versi Bahasa Malaysia Bankruptcy Discharge of Full Settlement Creditor 债权人全额支付解除破产 If you wish to obtain a Discharge from Bankruptcy after Payment in Full to the Judgment Creditors. 如果您希望全额支付给判决债权人后解除破产 You need to 您需要 1 Obtain a letter of full and final settlement from the Judgment CreditoRead More…
English Version Versi Bahasa 最快速获得法庭追讨债务判决书的方法： 简易判决 马来西亚吉隆坡的最佳实践 1 An application for a summary judgment in Kuala Lumpur, Malaysia is a civil procedure under the Rules of Court 2012 (hereinafter the “ROC”) to expedite an action begun by a Writ of Summons without going through the rigours of trial. Read More…
Observing the current ‘Full Movement Control Order’ in Malaysia which came into order on the 1st of June, one may find themselves going through another endless ‘Stay at Home’ situation, just like MCO 1.0 which was implemented on 18th March 2020. Masks, sanitisation, hygiene has become part of our daily lives and is crucial to maintain the health and safety of workers during this period. DRead More…
清盘之后的债务追讨以及在债务人财务状态恶化前的债务追讨 Many lawyers can recover a debt for you. 许多律师可以为您追收债务 But how many can recover very substantial sums from these two types of companies: 但是有多少人可以从这两种类型的公司中收复非常可观的款项： 1 a wound up company and; 2 a company thatRead More…
持续经营或拆解出售 Why is it more worthwhile to sell the company as a going concern rather than selling the assets as scrap? To discuss this question, we need to know what sale of going concern and sale of assets are as well as how these two different with each other. 为什么以持续经营来出售公司比将公司拆解出售资产更有价值？ 为了讨论这个问题Read More…
接种疫苗成为获取工作的必要条件？ 新冠疫情自2020年1月爆发至今已经超过一年之久，全世界没有国家能幸免于此，即便连台湾这个在防疫上近乎滴水不漏的地区也在今年5月时沦陷。这可直接证明了这病毒是无孔不入的。也正因此，全球所有国家都在积极展开疫苗的施打，以尽快结束此次全球性Read More…
English Version 破产和您现有的汽车贷款 Car-Money-Insurance- Very often we get this question: I am a bankrupt and I am servicing an existing car loan, the bank did not repossess the car, shall I continue to service the car loan? 汽车-金钱-保险-我们经常遇到这个问题：我是破产人士并且我正为现有的汽车贷款还贷，银行没有拖Read More…
Versi Bahasa 中文版 A one-month extension is given until July 31, 2021 from June 30, 2021 for taxpayers carrying on business involving individuals, resident individuals (knowledge/expert workers), partnerships, associations etc The filing dates of CP500 and CP204 amendments which are due in June 30, 2021 are extended to July 31, 2021. The filing of RPGT returns due in June 2021 is Read More…
Versi Bahasa 中文版 I was one of the three directors in a company. What was a supposed happy and proud achievement and arrangement ultimately led me down the rabbit hole that is bankruptcy. I was made bankrupt in 2018 following a default in payments by the other directors who were managing the loan, a loan I was involuntarily made a guarantor of. Life as I knew it changed right beforeRead More…
English Version Versi Bahasa Malaysia Documents Required for Discharge of Bankruptcy: 解除破产所需的文件： Statement of Claim, Judgment, 1. 索赔书，判决， 2. Bankruptcy Orders: Receiving Order and Adjudicating Order (Perintah Penerimaan dan Perintah Penghukuman); 2. 破产令：财产接管令及审裁管令 3.Read More…
https://alexchanglaw.com/index.php/can-the-police-help-evict-tenants-not-paying-rent/ 中文版 Versi Bahasa 追讨租金租户不支付拖欠房租，警方可否提供帮助驱逐租户 YOU HAVE A NON PAYING OVERSTAYING TENANT We as your lawyer have the expertise and the right solution for you to recover the rent and to evict him. 您有个逾期逗留不支付租金的租Read More…
We have received this Practice Direction from some friends, still wait for the “official” version please read it for the time being and wait for the official version to be sent to you. The Practice Direction 8-2021
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1 We were trading with one of the world’s top healthcare product manufacturers and the outstanding debts from the Debtor ran into millions. Initial Settlement 2 Shortly after we have instructed Messrs Alex Chang & Co. to file a Companies Winding-Up Petition, we received a proposal for settlement of the full sum by an instalment scheme. Debtor Was Wound Up by AnRead More…
I am a Malaysian working overseas for a number of years now. Some time back while I was trying to make an online transaction with my Malaysian bank account, I discovered my account was frozen and upon further enquiries with the said bank, I discovered I had been made a bankrupt. I then contacted the office of the Director General of Insolvency. I encountered much difficulties for a few months in Read More…
中文版 Versi Bahasa What is Hearsay in Court? General RuleThe cardinal rule in respect of oral evidence is that provided for in Section 60 Evidence Act 1950 (“EA 1950”). Under this section, oral evidence must be direct i.e. the testimony must be of the person who perceived the fact through medium of his own senses [1]. Direct evidence can be categorized into three categories:Read More…
COVID-19 Act came into operation from October 23, 2020 and shall continue to remain in operation
for some time except where the date of
commencement and period of operation have been provided in respect of the
respective Parts in this Act. CONTRACTUAL DUTIES Section 7 of the COVID-19 Act prevents another contracting
party (landlord/ lessor for non-residential immovable prRead More…
As the world is combating the COVID-19 outbreak, Malaysia is not exempted from the virus. The public and courts alike has had to learn to adopt and adapt to this new environment and “live” with COVID-19. The Malaysian Judiciary formulated comprehensive Standard Operating Procedures (hereinafter referred to as “SOP”) which allows the administration to run and thus ensuring accessRead More…
Versi Bahasa 中文版 What is the position of using Statutory Declaration to substitute witness giving oral evidence in Court What is a Statutory Declaration (SD) SD in Malaysia is governed under the Statutory Declaration Act 1960. The laws were enacted because it was necessary in many cases to require declarations in confirmation of written instruments or allegations, or proof of deRead More…