How much to wind up my debtor who refuse to pay me?
𝐇𝐨𝐰 𝐦𝐮𝐜𝐡 𝐜𝐚𝐧 𝐢 𝐰𝐢𝐧𝐝 𝐮𝐩 𝐦𝐲 𝐝𝐞𝐛𝐭𝐨𝐫 𝐰𝐡𝐨 𝐫𝐞𝐟𝐮𝐬𝐞 𝐭𝐨 𝐩𝐚𝐲 𝐦𝐞?
Inability 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
21 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.
Past threshold of wining up proceeding
The previous threshold is RM10,000 & above of indebtedness.
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