Corporate Debt Restructuring by Malaysia's Central Bank

On the 23rd of July 2009, Bank Negara MalaysiaThe PN17 company
announced the operations commencement of theIn Malaysia, an Amended PN17 company means a
Corporate Debt Restructuring Committee (CDRC) inpublicly listed company has negative net tangible asset
Malaysia, allowing corporate borrowers and creditorsdue to falling profits, or companies without a core
to work out debt resolutions without having the needbusiness. These companies, who were once classified
to officiate legal proceedings. According to CDRC, thisas a PN17 company, has submitted a plan to regularize
voluntary forum for large corporations who want toits condition pursuant to Section 212 of the Capital
negotiate obligations their distressed debts can do so inMarket and Services Act 2007, and they are bound to
the forum - And they've succeeded in assisting 57undertake a corporate regularization plan to
companies and RM45.8 billion in total outstanding debts.significantly change its business direction or policy and
Corporate debt structuring literally means a company,submit it to the Securities Commission Malaysia (SC)
facing financial burdens and is having difficulty infor approval.
meeting financial obligations.BNM (Bank Negara Malaysia) also announced its
The debt restructuring process will consist ofappointment of members in the CDRC:
reorganizing the financially distressed company's1. Yang Berbahagia Dato' Sri Abdul Hamidy Abdul
outstanding obligations to reduce financial burden (byHafiz (Chairman)
debts). This could mean decreasing rates paid and2. Yang Berbahagia Dato' Mohammed Hussein
giving more time for the company to pay back. At3. Yang Berbahagia Dato' Muhammad bin Ibrahim
times, some of these debts may be revoked by its4. Yang Berbahagia Datuk Ranjit Ajit Singh
creditors in exchange for an equity position in the5. Mr. Abdul Kadir Kassim
company.6. Mr. Ahmad Badri bin Mohd Zahir
Usually, when this financially distressed company poses7. Mr. Nik Mohd Hasyudeen Yusoff
a high risk of going into bankruptcy, it can negotiate8. Mr. Philip Tan Puay Koon
with its creditors to reduce these burdens and avoidAnd list of criteria for companies seeking to resolve
going bankrupt. Legally, it's possible for such atheir debt through CDRC are:
company to acquire protection from creditors, with* Debt obligations of at least RM100 million,
hopes of renegotiating the terms on the debt* At least 3 financial creditors (banks or Private Debt
agreement - Which is also termed as an AmendedSecurities),
PN17 company in Malaysia.* Not already in receivership or liquidation.