CORPORATE INSOLVENCY LAWS IN ABANDONED HOUSING PROJECTS. Issues and Prospects NUARRUAL HILAL MD DAHLAN
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1 CORPORATE INSOLVENCY LAWS IN ABANDONED HOUSING PROJECTS Issues and Prospects NUARRUAL HILAL MD DAHLAN PENERBIT UNIVERSITI UTARA MALAYSIA Sintok 2014
2 v Contents Preface Acknowledgemertts Abbreviations Cases Statutes xi xiii xvii xxv xxxiii 1 Introduction Abandoned housing projects in Peninsular Malaysia 4 Definition of abandoned housing projects 5 Abandoned housing projects as reported by the case law 6 Causes of housing abandonment 19 Insolvency of housing developer companies 20 Grievances of purchasers in abandoned housing projects in Peninsular Malaysia 30 2 Insolvency law and issues Types of insolvency of housing developer companies 33 Liquidation or winding up of companies 33 Purpose of liquidation 40 Priority of debts payment 43 The superiority of the creditors and contributories 44 Effect of liquidation 45 Provisional liquidator 48 Receivership 49 Scheme of Arrangement (SOA) 55 Recommendations by Corporate Law Reform Committee (CLRC) 58 Rehabilitation of abandoned housing projects 61 Recent development on measures to deal with abandoned housing projects 67 Special law to govem rehabilitation of abandoned housing projects 75
3 vi 3 Gase study one: K&T Development Sdn. Bhd. Summary of the project The winding up and post winding up stage Issues and problems Legal analysis Recommendations by the Corporate Law Reform Committee The appointment of Judicial Manager The improvement in the appointment and powers of Receiver and Manager The establishment of Corporate Voluntary Arrangement Case study two: Saktimuna Sdn. Bhd. Summary of the project The winding up and post winding up stage Rehabilitation of phases 1B and 2 Problems in the rehabilitation of phase 1A and 2 Legal analysis Insolvency laws in the United Kingdom and its possible application to abandoned housing projects The purpose of insolvency law Liquidation of companies in the United Kingdom Liquidator^ removal Priority of payment Other insolvency approaches in dealing with abandoned housing projects in the United Kingdom Receivership Administration Company Voluntary Arrangement (CVA) 6 Insolvency laws in the Republic of Singapore and its possible application to abandoned housing projects Liquidation in Singapore Powers of liquidator in compulsory winding up Priority of payments in compulsory winding up Receivership Judicial management Scherns of Arrangement (SOA)
4 vii The way forward to improve corporate insolvency law and practice in dealing with abandoned housing projects Proposal fora new provision under Act 118 incorporating regulations governing rehabilitation of abandoned housing projects 249 Recommendation for amendments of liquidation provisions under the companies act 257 Recommendations for amendments of receivership provisions under the companies act 267 Recommendations for amendments of Scheme of Arrangement (SOA) provisions under the companies act 268 Recommendations for amendments to the CLRC's proposals in regard to SOA, judicial management, receivership and CVA 270 Appendices Appendix 1: The number of abandoned housing units according to states and types of houses until June Appendix 2: The total number of abandoned housing projects, housing units, purchasers and estimated project values which have potential for rehabilitation according to states until June Appendix 3: The number of abandoned units with potential for rehabilitation according to states and types of houses until June Appendix 4: The total number of housing units which have potential for rehabilitation and under probability according to states and types of houses until June Appendix 5: The total number of abandoned units which have potential and ready for rehabilitation according to states and types of houses until June Appendix 6: The total number of abandoned units which have potential for rehabilitation and are in the course of construction according to states and types of houses until June
5 viii Appendix 7: The total number of abandoned housing units which have been taken over by other developers according to states and types of houses until June Appendix 8: The total number of abandoned housing projects, housing units, purchasers and the estimated projects values which have been taken over by other developers according to states until June Appendix 9: The total number of houses which are not suitable for rehabilitation according to states and types of houses as of June Appendix 10: The total number of abandoned houses which are not suitable for rehabilitation according to states until June Appendix 11: The total number of abandoned housing units which have been completely rehabilitated which CF according to states and types of houses until June Appendix 12: The total number of abandoned housing units which have been rehabilitated without CF according to states and types of houses until June Appendix 13: The total number of abandoned housing projects, unit of housing, purchasers and estimated value of projects which have been fully rehabilitated according to states until June Appendix 14: Data on abandoned housing projects and their rehabilitation until June Appendix 15: The total number of abandoned housing projects, housing units, purchasers and estimated sales value of projects from year 1990 until June Appendix 16: The total number of abandoned housing projects, housing units, purchasers and estimated value of projects according to status of rehabilitation until June Appendix 17: The total number of abandoned housing projects, housing units, purchasers and estimated value of projects according to states until June
6 ix Appendix 18: The total number of abandoned housing units according to states and types /categories of cost of housing until June Appendix 19: 62 Projects which are being rehabilitated by the original developer/white knight/spnb (from 1990 until 15 October 2011). 298 Appendix 20: 32 Projects which have been extracted from list of abandoned housing projects (completed) from 1990 until 15 October Appendix 21: 22 Abandoned housing projects - initial plan for rehabilitation (in search of rehabilitation party) from 1990 until 15 October References Index
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