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.

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.

As many are no doubt aware, an updated draft of the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the EU and the European Atomic Energy Community was published last month.

Any lending of funds needs to be adequately secured.

In a judgment delivered on Friday 12th June 2020, the Civil Court, First Hall (the 'Court') found that a pedestrian was solely responsible for a traffic accident, as a result of ...

Dr. Claude Micallef-Grimaud recently spoke on behalf of Microsoft Corporation ('Microsoft') at a half-day public seminar organised by the Malta IT Law Association on the topic of 'trust in cloud technology'.

The Maltese subsidiary legislation regulating the Processing of Personal Data by Competent Authorities for the Purposes of the Prevention

With the new Private Residential Leases Act in full force, a large number of new lease agreements have been signed over the past few months, all of which have to abide by the new...

On 31 July 2020, the Beverage Containers Recycling Regulations (Legal Notice 311 of 2020 and hereinafter referred to as the 'Regulations') came into force.

The Council of the European Union has reached a provisional agreement on the Digital Omnibus Regulation, introducing significant amendments to the EU AI Act that will reshape compliance timelines and expand prohibited practices. Key changes include postponing high-risk AI system obligations to December 2027, accelerating transparency requirements for AI-generated content, and introducing new bans on non-consensual intimate imagery generation.

The Maltese Parliament has yesterday, Tuesday 26th June unanimously approved three Bills during a second reading in Parliament as announced by Parliamentary Secretary for Digital Innovation Hon. Silvio Schembri.

The new NCV Code creates synergy and incorporates the requirements that were previously set by the CVC Code (Code of Practice for the Safety of Commercial Vessels) together with the requirements

In the Joined Cases C-569/16 (Bauer) and C-570/16 (Willmeroth), decided last month, the Court of Justice of the European Union had to decide whether the widows of two workers were entitled,

The President, by and with the advice and consent of the House of Representatives, has enacted Act No. XLVII of 2020 to amend the Second Schedule to the Civil Code, Chapter 16 of the Laws ...

In the case of Brian Schembri v National Orchestra Limited, which is currently pending before the First Hall of the Civil Court, the ex-employee sued the employer for payment of three years' salary...

On the 8 October 2018, the Constitutional Court handed down its decision in Thake et vs Electoral Commission et. The main issue in this case was whether the procedure laid down in the Financing of Political Parties Act ...

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

On the 13th of March 2020, as a precautionary measure against the spread of the COVID-19 virus, the Superintendent of Public Health, being the person legally responsible for public health in Malta...

In a recent judgment in the case Middlesea Insurance plc illum Mapfre Middlesea p.l.c. vs Spot On Gypsum Limited, the Court of Appeal overturned the conclusion of the First Hall...

The GDPR is around the corner. Before May 25th 2018 (the day the GDPR enters into force across the EU, including Malta), you should familiarise yourself not just with the new law itself...