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This decision of the Scottish Court, in turn, necessitated the conversion of the Maltese proceedings into secondary proceedings within the framework of the Regulation.

When a winding up application is filed in Malta, the company doesn't immediately enter liquidation, but certain legal protections activate. Under the Companies Act, the court has discretion to stay ongoing judicial proceedings against the company during this interim period. This mechanism preserves the company's position and ensures all creditors are treated fairly in accordance with insolvency rules.

Legal Notice 373 of 2020 The Companies Act (Suspension of Filing for Dissolution and Winding Up) Regulations (the "Regulations") was published on the 15th of September 2020. Back in March, ...

When a company liquidation doesn't proceed as expected, creditors and contributories have legal recourse. Article 243 of Malta's Companies Act provides mechanisms to challenge a liquidator's conduct, ensuring accountability through court supervision and oversight by the Registrar of Companies.

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta).

On 23 December 2022, the Pre-Insolvency Act (Chapter 631 of the Laws of Malta) ("Pre-Insolvency Act"), came into force, introducing new preventive restructuring procedures.

When a company enters court-supervised liquidation in Malta, all ongoing litigation involving that entity comes to an abrupt halt. Under the Companies Act, creditors and claimants must redirect their claims through...

When a company enters court-supervised liquidation in Malta, creditors typically appoint a liquidation committee to oversee the liquidator's work. But what legal recourse exists when creditors fail to establish this crucial oversight body? Article 246(2) of the Companies Act provides shareholders with a specific mechanism to compel action, ensuring that stakeholder interests remain protected even when creditor engagement falters.

On the 15th of November 2024, the Insolvency and Receivership Service within the Malta Business Registry announced the launch of the very first...

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.

Just before going into summer recess Maltese Parliament held the first reading of three Acts which, once adopted, are bound to start changing the Maltese insolvency law landscape.

In 2006, our Code of Organisation and Civil Procedure underwent a radical shake up when it came to laws governing the jurisdiction of our courts in rem, arrest of ships and enforcement mechanisms.

On the 15th of November, 2024, the Insolvency and Receivership Service within the Malta Business Registry (the "MBR") launched a new online portal...

Solvency of companies has been severely impacted over recent months.

On November 15, 2024, the Insolvency and Receivership Service, a part of the Malta Business Registry, unveiled a new self-evaluation insolvency tool.

On 15th September 2020, the Companies Act (Suspension of Filing for Dissolution and Winding Up) Regulations (the 'Regulations') were introduced as part of several other measures intended...

Following the global financial crisis of 2008 – 2009, the European Union embarked on a journey towards achieving a Banking Union for Eurozone countries, where harmonisation and integration...