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ARTICLE · 16 JULY 2026

Can Creditors Request A Change In Liquidator? Understanding Your Rights During Liquidation

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Under Maltese company law, creditors holding at least one-fourth of a company's debt value have the statutory right to request a meeting to potentially replace the Official Receiver as liquidator. This mechanism provides creditors with meaningful influence over the liquidation process, particularly when specialized expertise or a different approach to asset recovery is needed.

MaltaInsolvency/Bankruptcy/Re-Structuring
Kristen Camilleri
Kristen Camilleri
Jonathan Abela Fiorentino
Jonathan Abela Fiorentino
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This article forms part of a series exploring key procedures and rights under the Companies Act (Chapter 386 of the Laws of Malta) in the context of company liquidation. While not every step requires a direct court application, creditors and other stakeholders still play an active role in shaping the process.

Once a company is placed into liquidation by a court order, the Official Receiver is automatically appointed as the liquidator. However, this appointment is not necessarily permanent.

Under Article 229(4) of the Companies Act, creditors holding at least one-fourth in value of the company’s debt may formally request the Official Receiver to convene a meeting of creditors. The purpose of this meeting is to allow creditors to vote on whether to appoint a different person as liquidator in place of the Official Receiver.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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