Companies Winding Up Area of Practice 公司清盘 专业领域

companies winding up (area of practice)
公司清盘 (专业领域)

Recover Your Debts- Pay Up or Wind Up

Companies Winding Up Handbook
Recover Your Debts- the Concept of Pay Up or Wind Up

Many people have the idea that if I should wind up my debtor, prove them to be insolvent and put them in liquidation,  the bankers will be the biggest benefactor…

Our experience with the laws relating to Companies Winding Up/ Liquidation/ Insolvency started in 1991.  Whenever we ‘won’ in a companies winding up petition, the Respondent (debtor) would  be wound up/ liquidated/ proved to be insolvent.  There was an occasion when we witnessed one director shedding tears/ crying after receiving the news that his company was wound up a few days before the Chinese New Year.   A taboo in our society…
In the year 2003 we came up with an idea and suggested it in court, the following is an extract from the Judgment of Dato Vincent Ng J (as he then was):
我们在公司清盘/清算/无力偿债的法律经验开始于1991年。每当我们成功申请公司清盘,应诉人(债务人)将被清盘/清算/被证明ta men无法偿债。有一次我们曾经目睹过一位董事因在农历新年的前几天公司被清盘而掉眼泪。。在我们的社会是一个禁忌……在2003年,我们想出了一个主意,并在法庭上提出,以下是法官拿督伍文森特判决的言词(他当时是):

Mr. Alex Chang, who appeared for the second supporting creditor, suggested that the Respondent be given an opportunity to resolve the matter, failing which the winding up order be made. In all fairness, he suggested a later date, sometime in mid April 2002. His suggestion was enthusiastically received by Mr. Puspanathan.张惠华先生 代表第二支撑债权人建议了应诉人可拥有机会来解决此事,否则清盘将会进行。平心而论,他建议了别的日子,在2002年4月中任何时候。他的建议得到Puspanathan先生热情地接受。

This case was subsequently reported, see KTL SDN BHD V. AZRAHI HOTELS SDN BHD [2003] 3 CLJ 49 at page 51
So this is the Pay up Otherwise we will wind you up concept…
这案件后来被报道,查见KTL SDN BHD V. AZRAHI酒店SDN BHD [2003] CLJ 49的第51页

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