SECTION S - ASSESSMENT OF PROCESSES
S1. Is the process for taking of security over land to secure corporate borrowing:
Not expensive
Expensive  
* Very expensive  
Easy
Difficult  
* Very difficult  

 

Very efficient  
Efficient
* Inefficient  
Quick
Slow  
Very slow  
S2. Is the process for taking of security over property other than land to secure corporate borrowing:
Not expensive
Expensive  
* Very expensive  
Easy
Difficult  
* Very difficult  

 

Very efficient
Efficient  
* Inefficient  
Quick
Slow  
* Very slow  
S3. Is the process for enforcement of security over land:
Not expensive
Expensive  
* Very expensive  
Easy
Difficult  
* Very difficult  

 

Very efficient  
Efficient
* Inefficient  
Quick  
Slow
* Very slow  
S4. Is the process for enforcement of security over property other than land:
Not expensive
Expensive  
* Very expensive  
Easy
Difficult  
* Very difficult  

 

Very efficient  
Efficient
* Inefficient  
Quick
Slow  
* Very slow  
S5. Is the process for debt collection:
Not expensive
Expensive  
* Very expensive  
Easy
Difficult  
* Very difficult  

 

Very efficient  
Efficient
* Inefficient  
Quick  
Slow
Very slow  
S6. Is the process for winding up (liquidating) an insolvent corporate borrower:
Not expensive  
Expensive
* Very expensive  
Easy
Difficult  
* Very difficult  

 

Very efficient  
Efficient
* Inefficient  
Quick  
Slow
* Very slow  
S7. Is the process for the possible re-structuring of an insolvent corporate borrower:
Not expensive  
Expensive
* Very expensive  
Easy  
Difficult
* Very difficult  

 

Very efficient  
Efficient
* Inefficient  
Quick  
Slow
* Very slow  
S8. What is the average time period between the filing of an application for the winding up (liquidation or bankruptcy) of an insolvent corporate borrower and the formal pronouncement that the corporate borrower will be liquidated:
1-2 Months  
2-4 Months  
4-6 Months  

Other 6-12 Months

 

Briefly the reason for the time frame given is the considerable amount of ongoing litigation that means the period in between hearing dates tends to be long, and delays due to overcrowded lists can occur. In many cases, the legal practitioners themselves contribute to the delays.
S9. What is the average time period for the commencement of a formal procedure for the re-organisation or re-structure (including a composition) of an insolvent corporate borrower and the commencement of the implementation of an agreed formal plan of re-organisation or re-structure:
2-4Months  
4-8 Months  
8-12 Months
12-18 Months  
Other  

 

A formal reorganization would mean a section 176 scheme of arrangement. Delays could arise from the fact that in many instances, regulatory body approvals are required and these may take time. Also negotiations between creditors before class meetings can take time.
S10. What is the average time period for the commencement of an informal procedure (a "work out") for the re-organisation or re-structure (including a composition) of an insolvent corporate borrower and the commencement of the implementation of an agreed plan of re-organisation or re-structure:

 

2-4Months
4-8 Months  
8-12 Months  
12-18 Months  
Other  

 

An informal work out can take less time than a formal one because there are no court procedures to be followed. Bank Negara Malaysia's CDRC framework also encourages timely resolution of a work out.
S11. If there are relevant statistics available for the incidence of formal insolvency procedures for insolvent corporate borrowers do these show that the incidence for (a) liquidation/bankruptcy and (b) re-organisation/re-structure is:

 

Very high  
High
Low  
* Very low  
Very high  
High  
Low
* Very low  
S12. What is your assessment of the predictability (positive, certain outcome) of the following processes in your economy:

(a) Security enforcement of land
Very high  
High
Medium  
Low  
* Very low  
 

(b) Security enforcement of property other than land

Very high  
High
Medium  
Low  
* Very low  
 

(c) Judicial handling of security enforcement

Very high  
High
Medium  
Low  
* Very low  
 

(d) Judicial handling of debt collection
Very high  
High
Medium  
Low  
* Very low  
 

(e) Judicial handling of insolvency (liquidation) cases
Very high  
High
Medium  
Low  
* Very low  
 

(f) Judicial handling of cases of re-organisation/re-structure
Very high  
High  
Medium
Low  
* Very low