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This paper examines this area of transaction and the loan agreement, affected via Bay’ Bithaman al-Ajil (BBA), provided by Islamic banking and financial institutions in Malaysia.
The SOA manager is armed with certain powers and duties in the SOA administration.
The usual purpose of SOA is for the SOA manager to take over the affairs and business of a debtor insolvent company in order to settle off the debts of the creditors and once all the debts are fully paid, the control of the debtor insolvent company will be handed over back to the previous management.
ISSN 2279-1949 If a company is insolvent and is unable to pay its debts, it may be subject to a scheme of arrangement (SOA) on the application of the creditors or members or the liquidator or the company itself.
The benefit of obtaining SOA is to give some time to the SOA manager to run the debtor insolvent company in order to settle its debts.
Moratorium power will be given to SOA Manager against any actions and proceedings by the creditors in the course of the SOA administration.