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    • Corporate Advisory
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    • Restructuring and liquidation
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Silver Ocean Advisory
  • Home
  • Services
    • Corporate Advisory
    • Risk Advisory
    • Secretarial
    • Restructuring and liquidation
  • About
  • Contact

SPECIALIZED AREAS

Our team are specialized in Corporate Restructuring and Insolvency with an objective to assist companies, lenders, shareholders and stakeholders especially during financial crisis. Our aim is to maximize returns for the stakeholders efficiently on a timely manner and professionally.
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Liquidation

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Receivership

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Monitoring Accountant

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Restructuring and ​Corporate Rescue Mechanism​​

CORPORATE RESTRUCTURING AND INSOLVENCY

Our team are specialized in Corporate Restructuring and Insolvency with an objective to assist companies, lenders, shareholders and stakeholders especially during financial crisis. Our aim is to maximize returns for the stakeholders efficiently on a timely manner and professionally.
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LIQUIDATION

Voluntary Liquidation:​
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  • Members’ Voluntary Liquidation, where the company is solvent
  • Creditors’ Voluntary Liquidation, where the company is insolvent​
Compulsory/Court Liquidation:

  • Depends on various circumstances pursuant to Section 465 of the Companies Act 2016 (i.e. inability to pay debts, shareholders’ dispute, etc.)
  • Objective of the Liquidator is to maximise realisation of assets and distribute to creditors in accordance to the priority in the Companies Act 2016 and/or any relevant legislations.
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RECEIVERSHIP

  • Once the borrower has triggered an event of default, the debenture holder may appoint Receivers and Managers over the charged assets of the borrower under the powers of the debenture. 
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  • Objective of the Receivers and Managers is to secure  and realise the charged assets to repay the indebtedness of the debenture holder.
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MONITORING ACCOUNTANT

Appointed as an independent/monitoring accountant to monitor the utilization of funds provided and the cash flow management of the borrowers.
Major scope of work:
  • Review and comment on movement of cash transactions
  • Monitor utilization of Company’s funds by acting as a joint compulsory signatory
  • Report on any legal actions taken against/by the company
  • Compare and comment on the actual performance of its cashflows against it projections
  • Report on any other matters as required 
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RESTRUCTURING

​​​​​​For companies who wishes to undertake a restructuring plan with the objective of saving the company, making it viable again and/or to strengthen growth.

Major scope of work:
  • Conduct and analyze business financial review of the company.
  • Recommend options to improve the financial performance, position and cashflow of the company e.g. discontinue unprofitable businesses, Cutting excess manpower, divestment of non-core assets and reduce unnecessary costs.
  • Provide options such as capital injection by shareholders, deferment and/or waiver of debts, conversion of debts into equity and/or debt instruments and sale of assets.
  • Recommend and follow through an appropriate restructuring plan.

Our Licensed Insolvency Practitioners

Our partners began their journey in the Big 4 Accounting Firms and later joined BDO Malaysia. They have vast experience, more than 18 years in advisory, mainly in restructuring and insolvency and also in various industries.
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RAYMOND CHONG

Raymond is an approved liquidator by the Ministry of Finance and the Labuan Financial Services Authority and a member of CPA Australia, Malaysian Institute of Accountants and Insolvency Practitioners Association of Malaysia.  He has more than 20 years of professional experience in restructuring and insolvency, GST, financial audit and financial due diligence in one of the Big 4 Accounting Firms and BDO Malaysia.  He had a brief stint in financial audit for one of the Big 4 Accounting Firms in Singapore.

Prior to joining Silver Ocean, Raymond was a director in BDO where he was involved in numerous insolvency engagements such as receivership, liquidations, special administration, monitoring accountants as well as financial due diligence. Such engagements involved the management of companies and assets prior to sale (especially receivership), takeover and managing of on-going business operations, devising sale strategies and advising, negotiating, coordinating and executing sales of various types of assets including properties, plant and equipment. He also worked with the stakeholders of the companies which are under receivership and liquidation on value recovery strategies.

His experience in rescue mechanism includes scheme of arrangement for companies in aviation and oil and gas industries. He was the director in charge for both companies where required him, among others, to conduct a high level review of the financial performance of the companies, with a focus on the cash flow projections and assumptions, contingent/potential liabilities, the Estimated Realisable Values (“ERV”) of the assets and liabilities of key companies and the reasonableness of management’s assumptions for the ERV.

Worked closely with other advisers, assisted the companies in discussions with the potential new investor on terms of investment and/or capital injection from the existing shareholders, preparation of the initial scheme outline and negotiations/discussions with the secured financial institution and other scheme creditors. The above were carried out in order to manage the expectations of the secured financial institutions, lessors  and other scheme creditors in light of the companies’ condition.

Notwithstanding above, during Raymond’s tenure in the assurance, governance advisory and other advisory services, he was involved in various industries such as building and construction, property and development, manufacturing, plywood, aviation, oil and gas, real estate, manufacturing, food and beverages, trading and hospitality services. At the moment, he is acting as an adviser in a group of companies which involve in car wheel services.



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BERNARD TAN

Bernard is an approved liquidator by the Ministry of Finance. Bernard is also a member of Malaysian Institute of Accountants, Malaysian Institute of Certified Public Accountant, Chartered Institute of Management Accountants and Insolvency Practitioners Association of Malaysia. He has more than 25 years of professional experience in restructuring and insolvency in one of the Big 4 Accounting Firms and BDO Malaysia.

Before joining Silver Ocean PLT, Bernard was a director in BDO Malaysia where he was primarily involved in restructuring assignments include such as receivership, liquidations, special administration, business financial review and monitoring accountants. Such engagements involved the management of companies and assets prior to sale (especially receivership), takeover and managing of on-going business operations, devising sale strategies and advising, negotiating, coordinating and executing sales of various types of assets including properties, plant and equipment. He also worked with the stakeholders of the companies which are under receivership and liquidation on value recovery strategies.  His notable engagements include holding stewardship in the receivership assignments for industries such as manufacturing of car components and plywood, hotel management where under his leadership, the following objectives are achieved:
  • Preservation of value of the charged assets;
  • Stabilisation of the operation upon appointment of receivers and managers;
  • Engaged with stakeholders throughout the receivership to minimize the disruption to the business
  • Formulated key strategies to maximise the recovery for the debenture holders. 

He was involved in the landmark case of Chye Hup Heng Sdn Bhd (in liquidation) (“CHH”) v IRB  where CHH filed an application for judicial review to challenge, the entitlement of the IRB for immediate payment of the Real Property Gains Tax (“RPGT”). CHH stressed that based on the relevant provisions in the Companies Act 1965, and on settled principles/case laws, the RPGT due to the IRB should be paid after payment of secured debt owing to the secured creditor. Resultant thereto, CHH contended that the proceeds from the sale of the property should be first applied towards payment of the secured debt before payment of the RPGT where IRB asserted that the payment should be paid firstly under the RPGT Act of which the High Court ruled in favor of CHH. 

During his tenure in the advisory services, he has involved in various industries such as building and construction, property and development, manufacturing, plywood, real estate, hotels, automotive, food and beverages, trading and hospitality services.   He was also a training instructor in his previous firm for the following:
  • Receivership and Liquidation (voluntary and compulsory);
  • Corporate rescue mechanism especially on judicial management 

Get in touch with us

email

[email protected]

phone

+603 2856 7333

address

22-09, Menara 1MK
No 1, Jalan Kiara, Mont Kiara
50480 Kuala Lumpur
​Malaysia

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