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  • Article

    Impact Of COVID-19 On Malta's Insolvency Rules: A Case For An Ex Ante Approach

    Simply allowing a company to survive does not mean it is no longer able to pay its debts as they fall due.
    MaltaInsolvency/Bankruptcy/Re-Structuring
    Ganado Advocates
    Ganado Advocates
  • Article

    Recovering From COVID-19

    COVID-19 has taken the world by surprise from all aspects of life. Just like scientific research is struggling to catch up with the spread of this virus, the business community is fighting to survive.
    MaltaCoronavirus (COVID-19)
    Ganado Advocates
    Ganado Advocates
Article

Understanding The Test Of Corporate Insolvency Under The Companies Act

English company law is an important source of Maltese company law and the court acknowledged that the Maltese Companies Act drew heavily from the 1985 UK Companies Act.
MaltaInsolvency/Bankruptcy/Re-Structuring
Ganado Advocates
Ganado Advocates
  • Article

    Clawback Provisions Under Maltese Law In The Scenario Of Mortgage Registration On A Maltese Flag Vessel

    Malta is a globally recognised jurisdiction for ship registration, offering robust protections to financiers through its ship mortgage framework.
    MaltaTransport
    GTG Legal
    GTG Legal
  • Article

    The Suspension Of Filing For Dissolution And Winding Up Regulations

    On 15 September 2020, the Minister for the Economy, Investment and Small Businesses issued the Companies Act (Suspension of Filing for Dissolution and Winding Up) Regulations, 2020 (the "Regulations").
    MaltaCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    Emergency Measures In Insolvency Legislation In Response To The COVID-19 Crisis

    This is the Malta contribution published in a report by the AIJA (International Association of Young Lawyers) Insolvency Commission – November 2020
    MaltaInsolvency/Bankruptcy/Re-Structuring
    Ganado Advocates
    Ganado Advocates
  • Article

    Malta's Simplified Liquidation Procedure

    The Maltese Companies Act was recently amended so as to provide for a simplified liquidation procedure which can be used by companies in lieu of a voluntary members winding up.
    MaltaInsolvency/Bankruptcy/Re-Structuring
    Ganado Advocates
    Ganado Advocates
  • Article

    The Validity Of Post-insolvency Transactions: Interpreting Article 31(1) Of The EU Regulation On Insolvency Proceedings

    On 27th March 2025, the Court of Justice of the European Union ("CJEU") delivered a ruling in the case Matthäus Metzler, acting as insolvency practitioner in insolvency proceedings...
    MaltaInsolvency/Bankruptcy/Re-Structuring
    Ganado Advocates
    Ganado Advocates
  • Article

    EU Proposal For Harmonising Insolvency Laws

    In a bid to reinforce the Capital Markets Union (the "CMU"), on the 7th December 2022 the European Commission unveiled the "Proposal for a Directive Of The European Parliament And Of The Council harmonising...
    European UnionInsolvency/Bankruptcy/Re-Structuring
    Fenech & Fenech Advocates
    Fenech & Fenech Advocates
  • Article

    Secured Creditor's Omissions During Bankruptcy Proceedings Did Not Prejudice Other Creditors

    The case of AMG Cold Stores Limited et vs Bank of Valletta P.L.C et was decided by the Court of Appeal in its Superior Jurisdiction on 25 October 2023.
    MaltaInsolvency/Bankruptcy/Re-Structuring
    Ganado Advocates
    Ganado Advocates
  • Article

    Secured Creditor's Omissions During Bankruptcy Proceedings Did Not Prejudice Other Creditors

    The case of AMG Cold Stores Limited et vs Bank of Valletta P.L.C et was decided by the Court of Appeal in its Superior Jurisdiction on 25 October 2023.
    MaltaLitigation, Mediation & Arbitration
    Finance Malta
    Finance Malta
  • Article

    Classifying Player Funds Under Maltese Law

    Player funds occupy a distinctive position under Maltese gaming law. Although a licensed operator may receive, administer and transfer money standing to the credit of its players, those funds are not treated simply as part of the operator’s property or as an ordinary debt appearing on its balance sheet.
    MaltaCorporate/Commercial Law
    Fenech Farrugia Fiott Legal (FFL)
    Fenech Farrugia Fiott Legal (FFL)
  • Article

    New Insolvency Laws: A Second Chance For Entrepreneurs

    It is often said that failure is an essential step of learning. Business failure is an inherent process of economic activity so much so that it is estimated that some 200,000 firms...
    MaltaInsolvency/Bankruptcy/Re-Structuring
    WH Partners
    WH Partners
  • Article

    Re-Establishment Of The Commercial Court

    Malta is on the cusp of a significant judicial reform with the publication of Bill No.133, entitled "Various Laws relating to the Establishment and Jurisdiction of the Commercial Court (Amendment) Act, 2025"...
    MaltaCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    Malta Commercial Court: A Strategic Shift In Business Dispute Resolution

    Malta has reintroduced a dedicated Commercial Court through Act No. IV of 2026, building on Bill 133 of 2025. This reform separates complex commercial disputes from the general civil courts...
    MaltaCorporate/Commercial Law
    Chetcuti Cauchi Advocates
    Chetcuti Cauchi Advocates
  • Article

    Creditors' Right To Request The Dissolution And Winding Up Of A Company In Default

    In its judgment on the 23 January 2023, the First Hall Civil Court (Commercial Section) (hereinafter the "Court") presided by Mr. Justice Ian Spiteri Bailey delved into the salient features of a request...
    MaltaCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    Why Malta? An Overview Of Malta's Innovative Securitisation Framework

    The popularity of Maltese special purpose vehicles (SPVs) for securitisation transactions has grown significantly in recent years.
    MaltaCorporate/Commercial Law
    Ganado Advocates
    Ganado Advocates
  • Article

    Inside Malta’s New Rescue Law: How A Restructuring Plan Becomes Reality

    Imagine a business that is under pressure. Sales have dipped. A key contract is at risk. Cash is tight. The board meets and, after honest analysis, concludes the company faces a likelihood of insolvency — that is, a state of financial difficulty falling short of actual insolvency but sufficiently serious to warrant early intervention — unless decisive action is taken.
    MaltaInsolvency/Bankruptcy/Re-Structuring
    Mamo TCV Advocates
    Mamo TCV Advocates
  • Article

    Securitisation And Structured Finance In Malta

    The popularity of maltese special purpose vehicles (spvs) for securitisation transactions has grown significantly in recent years. A regulatory safe harbour for non-public issues by securitisation vehicles...
    MaltaFinance and Banking
    Ganado Advocates
    Ganado Advocates
  • Article

    Separate Corporate Personality Unveiled

    The landmark case of "Salomon v Salomon" in the UK established the principle of separate juridical personality and today represents a fundamental pillar of company law doctrine.
    MaltaCorporate/Commercial Law
    GVZH Advocates
    GVZH Advocates
  • Showing 41–60 of 63 results

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