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Sec07 Jan 2021

How much to wind up my debtor who refuse to pay me?

How much to wind up my debtor who refuse to pay me?

01𝐇𝐨𝐰 𝐦𝐮𝐜𝐡 𝐜𝐚𝐧 𝐢 𝐰𝐢𝐧𝐝 𝐮𝐩 𝐦𝐲 𝐝𝐞𝐛𝐭𝐨𝐫 𝐰𝐡𝐨 𝐫𝐞𝐟𝐮𝐬𝐞 𝐭𝐨 𝐩𝐚𝐲 𝐦𝐞?

02Inability to pay debt under the Company Act 2016

The amount of indebtedness for the purposes of “𝐢𝐧𝐚𝐛𝐢𝐥𝐢𝐭𝐲 𝐭𝐨 𝐩𝐚𝐲 𝐝𝐞𝐛𝐭𝐬” under section 466(1)(a) of the Companies Act 2016 has been increased to an amount exceeding 𝐑𝐌𝟓𝟎,𝟎𝟎𝟎 from 1 January 2021 until 31 March 2021.1

0321 day notice served at registered office

During the aforesaid period, a creditor may only commence winding-up proceedings against a debtor company for inability to pay debts under section 466(1)(a) if

1. The debtor company fails to satisfy a debt exceeding RM50,000,

2. 21 days after a notice of demand has been served upon the debtor company at its registered office.

04Past threshold of wining up proceeding

The previous threshold is RM10,000 & above of indebtedness.

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