Three service areas
What the law makes available — explained clearly
Our services are built around the three areas where individuals and companies most often need legal guidance when facing financial difficulty under Malaysian law. Each engagement is scoped to your situation, not to a standard package.
Back to HomeOur advisory methodology
Every engagement at Sentosa Legal follows the same underlying structure, regardless of the service area. The specifics differ — a winding-up petition requires different steps than a pre-bankruptcy advisory session — but the approach is consistent.
Fact-gathering
We take time to understand the full picture before advising. Incomplete information leads to incomplete advice, so we ask questions rather than proceed on assumptions.
Options analysis
We map all available routes — formal and informal — against the facts. This includes options we would not necessarily recommend, so you have a complete picture.
Written briefing
A written summary of the consultation, the options assessed, and our view of the trade-offs is provided after every session. This becomes your reference document.
Individual Financial Review & Pre-Bankruptcy Advisory
A confidential, unhurried session for individuals facing financial difficulty — large unsecured debts, bankruptcy notices, judgment debts approaching execution, or personal guarantees being called. We review your situation with patience, explain the operation of bankruptcy proceedings under the Insolvency Act 1967, the threshold (currently RM 100,000 under the amended Act) and its practical implications, the Voluntary Arrangement option, negotiation-based settlement with creditors, and the day-to-day realities of being an undischarged bankrupt in Malaysia. No push toward any particular route is made; our role is to give you a clear picture so you and your family can decide at your own pace.
What this service covers:
- Review of bankruptcy threshold and petition procedure under the Insolvency Act 1967
- Individual Voluntary Arrangement (IVA) feasibility assessment
- Creditor negotiation and informal workout options
- Practical implications of undischarged bankrupt status
- Discharge pathways and post-bankruptcy restoration guidance
Typical engagement steps:
Director Duties & Corporate Rescue Advisory
Considered advisory for company directors confronting cash-flow pressure, potential wrongful trading exposure under Section 539 of the Companies Act 2016, or inter-creditor disputes. Engagements typically cover board-level briefings on directors' duties when insolvency becomes foreseeable, structured review of corporate rescue mechanisms, preparation of proposal documents and supporting financial narratives with your accountants, and coordination with licensed insolvency practitioners where appointment becomes appropriate.
What this service covers:
- Directors' duties under Companies Act 2016 when insolvency is foreseeable
- Section 539 wrongful trading exposure analysis
- Judicial Management application assessment and preparation
- Corporate Voluntary Arrangement (CVA) proposal drafting
- Scheme of Arrangement process overview and coordination
- Coordination with licensed insolvency practitioners and accountants
Typical engagement steps:
Winding-Up Petition Representation & Creditor Proceedings
Representation in both winding-up petition proceedings — debtor defence or creditor application — and related insolvency-adjacent disputes: preference claims, undervalue transaction reviews, directors' disqualification applications, and proof of debt objections. Engagements include petition drafting or striking-out applications, affidavits in support and reply, submissions at hearing, liquidator meetings, and coordination with creditors' committees where formed.
What this service covers:
- Winding-up petition drafting (creditor) or defence (debtor/director)
- Stay and striking-out applications
- Affidavits in support and reply; written submissions
- Preference and undervalue transaction reviews
- Directors' disqualification application representation
- Official Receiver statutory interview guidance and records submission
Typical engagement steps:
Which service fits your situation?
If you are unsure which of our services applies, the table below provides a starting point. We are happy to clarify during an initial call.
| Your situation | Service 01 | Service 02 | Service 03 |
|---|---|---|---|
| I've received a bankruptcy notice | — | — | |
| I'm a director and the company can't meet its obligations | — | — | |
| A winding-up petition has been filed against our company | — | ||
| I'm a creditor and want to petition for winding-up | — | — | |
| I want to understand Voluntary Arrangement before deciding | — | ||
| Directors' disqualification proceedings have been commenced | — | — | |
| I'm concerned about wrongful trading exposure as a director | — | — |
Not sure? Contact us and describe your situation briefly — we will indicate which engagement type applies.
Professional standards across all services
The following apply to every engagement, regardless of the service area.
Confidentiality
Solicitor-client privilege applies from first contact. All documents and communications are handled securely in accordance with Bar Council requirements.
Fee transparency
Fees are agreed before work begins. Any change in scope that would materially affect the fee is flagged before the work is undertaken, not billed after the fact.
Response commitments
Communications are acknowledged within one business day. Advice documents are delivered within agreed timeframes, with advance notice if this changes.
Service fees
Starting fees for each service are indicated below. Scope and complexity affect the final fee for Services 02 and 03; a written fee estimate is provided before any work commences.
Service 01
Individual Pre-Bankruptcy Advisory
- 60–90 minute consultation
- Written options summary
- Follow-up query response included
Service 02
Director Duties & Corporate Rescue
- Board briefing session
- Rescue mechanism analysis
- Proposal drafting (if applicable)
- IP coordination
Service 03
Winding-Up & Creditor Proceedings
- Petition / defence drafting
- Court hearing attendance
- Affidavits and submissions
- OR liaison
Not certain which service applies to you?
Send us a brief description of your situation and we will indicate where to start. There is no fee for this initial assessment.
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