Donald Vella and Nicola Jaccarini have featured in the latest edition of Id-Dritt, a long-established peer reviewed law journal published by GhSL (Ghaqda Studenti tal-Ligi).

Earlier last month, in early November 2024, the Council of the European Union adopted legislation aimed at introducing new rules on insurance recovery and resolution.

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.

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.

On the 27th October, 2014 the First Hall Civil Court rejected an application filed by a financially distressed company seeking a court-orchestrated company recovery.

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

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

https://ganadoadvocates.com/resources/publications/aviation-flu-covid-19/?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration

For many Maltese companies, financial difficulty used to mean a stark choice: muddle through and hope for the best, or head straight for insolvency. A new legal route — preventive restructuring — changes that equation by creating space to repair a viable business before it is too late.

The Maltese economy has proved to be somewhat resilient in the wake of global crises thus far. Having withstood one of the worst financial crises in 2008...

In the first part of this article, we dealt briefly with the European Commission's proposals to further strengthen and ensure the proper application of the existing common framework...

Almost ten years after its entry into force, Solvency II is undergoing a review to ensure that it remains fit for purpose in a changing economic and regulatory landscape.

Late payments are the quiet tax on business. They erode working capital, force firms to borrow and, in the worst cases, turn a profitable contract into a loss. In Malta – as elsewhere – creditors have more leverage...