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INTRODUCTION Many Malaysians buy cars through hire-purchase financing. For years, car loans were calculated using a flat interest rate system and a method known as the Rule of 78. Although these methods were widely used, they were often criticised because consumers found it difficult to understand the true cost of borrowing, particularly when settling loans […]

INTRODUCTION In Malaysian banking litigation, a Certificate of Indebtedness frequently serves as the primary evidentiary tool for proving the amount owed by a defaulting borrower under a banking facility. The Certificate of Indebtedness is based upon a conclusive evidence clause in the loan agreement, stipulating that a certificate signed by an authorised bank officer constitutes […]

INTRODUCTION On 29 July 2025, the Malaysian Parliament passed the Cross Border Insolvency Bill 2025, marking a significant milestone in the country’s effort to modernise its corporate insolvency framework. Inspired by the UNCITRAL Model Law on Cross Border Insolvency (1997), the Bill establishes a comprehensive legal framework to facilitate the recognition of foreign insolvency proceedings […]

Bankruptcy in Malaysia is no longer a life sentence of financial doom. Recent reforms have reshaped the legal landscape, making the process more humane for debtors while continuing to safeguard the interests of creditors. From increased debt thresholds to automatic discharge policies and new protections for guarantors, the law now reflects a shift from punishment […]

Introduction In Malayan Banking Bhd v Mohd Affandi bin Ahmad & Anor [2024] MLJU 2624, the Federal Court of Malaysia reinforced key principles underpinning the Torrens system, particularly in the context of indefeasibility of title and the doctrine of bona fide purchaser. The case addressed the obligations of financial institutions under proviso to Section 340(3) […]

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