All Posts By

Jonathan Abela Fiorentino

No Liquidation Committee? Here’s How a Shareholder Can Step in Corporate and M&ALitigation & Dispute Resolution

No Liquidation Committee? Here’s How a Shareholder Can Step in

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. When a company is being wound up by the court, a liquidation committee may be appointed to oversee and support the liquidator’s work. This committee is typically made up of creditors and is meant to safeguard the interests of those with a stake in the company’s remaining assets. But…
Kristen Camilleri and Jonathan Abela Fiorentino
16th September 2026
What if the Liquidator isn’t doing their Job? Your Right to Complain in Court Corporate and M&ALitigation & Dispute Resolution

What if the Liquidator isn’t doing their Job? Your Right to Complain in Court

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision, outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis.  Once a liquidator is appointed to wind up a company, creditors and contributories often assume that the process will proceed smoothly. But what happens when it does not? Under Article 243(1) of the Companies Act, any…
Kristen Camilleri and Jonathan Abela Fiorentino
17th August 2026
Dutch Supreme Court Closes One Door on Gambling Player Claims – What’s Next for Malta-Based Operators? Litigation & Dispute ResolutionRegulatory Compliance

Dutch Supreme Court Closes One Door on Gambling Player Claims – What’s Next for Malta-Based Operators?

On 3 July 2026, the Dutch Supreme Court (Hoge Raad) delivered its long-awaited judgment in the joined cases 25/00202and 25/00204, concerning claims brought by Dutch players against Malta-based gaming operators TSG Interactive Gaming Europe Limited (PokerStars) and Electraworks Europe Limited (bwin.party). While the judgment concerns the interpretation of Dutch law, its implications extend beyond the Netherlands and are of particular interest to Malta's remote gaming sector. The decision addresses one of the principal legal arguments relied upon by Dutch players seeking repayment of historical gambling losses from operators that accepted Dutch customers before the introduction of the regulated Dutch online…
Kristen Camilleri and Jonathan Abela Fiorentino
16th July 2026
Can Creditors Request a Change in Liquidator? Understanding your Rights during Liquidation Corporate and M&ALitigation & Dispute Resolution

Can Creditors Request a Change in Liquidator? Understanding your Rights during Liquidation

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…
Kristen Camilleri and Jonathan Abela Fiorentino
15th July 2026
What happens to Directors and Shareholders After a Winding up Order is Issued? Corporate and M&ALitigation & Dispute Resolution

What happens to Directors and Shareholders After a Winding up Order is Issued?

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Once a court issues a winding up order, the company enters into official liquidation, and control of the company is transferred away from its directors and shareholders. The court will appoint a liquidator, usually the Official…
Kristen Camilleri and Jonathan Abela Fiorentino
17th June 2026
Statue of scale of justice with background of lawyer
What happens to Court Cases once a Company is ordered into Liquidation? Corporate and M&ALitigation & Dispute Resolution

What happens to Court Cases once a Company is ordered into Liquidation?

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Once a company is officially placed into liquidation by a court order, any ongoing court cases involving the company, whether filed by it or against it, may no longer proceed in the usual way. Under the…
Kristen Camilleri and Jonathan Abela Fiorentino
13th May 2026