Intro

INTRODUCTION
Defination,importance of SOA and relate back to facts

1st ISSUE
Whether the Investor can set aside the order of scheme of arrange for non-compliance
under Section 368 (2) CA 2016
Section 368
Section 368 (2)(c) - A statement of particulars as to the affairs of the company made up to a
date not more than 3 days before the application is lodged together with the application
Section 368 (2)(d) - The court approves the person nominated by a majority of the creditors
in the application by the company under s368(1) to act as a director or if that person is not
already a director, appoint that person to act as a director notwithstanding the provisions of
this Act or the constitution of the company.
Mansion Properties Sdn Bhd v Sham Chin Yen & Ors [2021] 1 MLJ 527
Barakah Offshore Petroleum Berhad & Anor v Mersing Construction & Engineering Sdn Bhd
& Ors  (recent case that stated that the conditions set out in Section 368 (2)(a)-(d) need to be
complied)

2nd ISSUE
Whether an appointment of an independent approved liquidator is required to asses the
viablity of the proposed scheme
Section 367 - Court can apply for an approved liquidator to assess the viability of the
scheme and liquidator must make a report in order to send to the applicant
Discuss consequences of failure to appoint an independent approved liquidator under
section 367 / assessment of viability of scheme ( quote cases if possible )

CONCLUSION
Overall conclusion with applying back to facts as to reasoning of setting aside