Malaysian Department of Insolvency MyInsolvency CBI
Guidelines & Legal Reference

Guidelines & Legal Reference

Order 88A Rules of Court 2012

How It Works

  1. Register / Sign in as a Foreign Representative, Solicitor or other applicant.
  2. Submit a notice using the Notice Submission Form. You may save it as a draft and return to it later.
  3. Publication — once submitted, the notice is published as soon as practicable and appears in the List of Published Notices.
  4. Official confirmation — an official email is sent to you after publication. It may be furnished to the Court as proof of publication.

Legal Requirements

ProvisionWhat must be publishedTime
O. 88A r. 2(5) Notification of the filing of an application for recognition of foreign proceedings. Within 14 days from the date of filing.
O. 88A r. 8(1), (6) Notification of any order given or made on an application under rules 2, 3, 4, 5 and 7, and any order made by the Court under rule 6. As soon as practicable.
O. 88A r. 2(6) The foreign representative / solicitor must satisfy the Court that rules 2(4) and 2(5) have been complied with. On the day fixed by the Registrar.

Notice Categories

NoticeBasisRemarks
Notification of Filing of Application for Recognition of Foreign Proceedings
Filing of Recognition Application
O. 88A r. 2(5) It must be published within 14 days from the date of filing.
Notification of Order Given or Made for an Application for Recognition of Foreign Proceedings
Order on Recognition Application
O. 88A r. 2 and 8(1), (6) Covers any order given or made by the Court in respect of an application under rule 2, including an order recognising the foreign proceedings.
Notification of Order Given or Made for an Application for Relief of a Provisional Nature
Order for Relief of a Provisional Nature
O. 88A r. 3 and 8(1), (6) -
Notification of Order Given or Made for an Application for Relief
Order for Relief
O. 88A r. 4 and 8(1), (6) Covers any order given or made by the Court in respect of an application for relief under rule 4.
Notification of Order Given or Made for an Application for Modification or Termination
Modification or Termination Order on Application
O. 88A r. 5 and 8(1), (6) Covers an order arising from an application made by a foreign representative or a person affected by the recognition, stay, suspension or relief granted.
Notification of Modification or Termination Order Made on the Court's Own Motion
Modification or Termination Order on the Court's Own Motion
O. 88A r. 6 and 8(1), (6) Applies where the Court modifies or terminates a recognition order, stay, suspension or relief on its own motion.
Notification of Order Given or Made for an Application to Avoid Acts Detrimental to Creditors
Order to Avoid Acts Detrimental to Creditors
O. 88A r. 7 and 8(1), (6) Covers an order made in respect of an application to avoid acts detrimental to creditors under rule 7.

Information & Documents Required

Notice details
Malaysian court case number, date of filing, order date (not required for the filing notice), country of foreign proceeding, foreign case number, foreign court or authority, and notice summary.
Debtor information
Full legal name, registration number, country of incorporation and type of foreign proceeding. More than one debtor may be added.
Applicant documents
Foreign Representative: proof of appointment (certificate). Solicitor: authority to act / letter of authorisation.
Record (not published)
Proof of filing, proof of the making of the order, or the sealed court order. Uploaded records are kept private and are not shown publicly.