Introduction
Malta is considered a reputable jurisdiction for Mergers and
Acquisitions (hereinafter "M&A") activity and has
proved to be a highly attractive forum through which M&A
transactions are structured. The legislative framework for M&A
activity in Malta, as is the case in many other jurisdictions, is
composed of various laws and regulations that seek to regulate a
number of aspects that may feature in M&A transactions which
include both local and cross-border activities. However, the
principal legislation regulating Mergers and Acquisitions of
companies in Malta is the Companies Act (Chapter 386 of the Laws of
Malta) (hereinafter "Companies Act").
The Companies Act provides for the amalgamation of companies in
the form of a Merger by Formation of a new company and a Merger by
Acquisition of a company by another company. This article shall
mainly focus on process relating to the operation of the
amalgamation of two or more companies by means of a Merger
