Category

Corporate and M&A

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
EU ‘28th Regime’ Explained: A New Framework for Company Incorporation in Europe Corporate and M&A

EU ‘28th Regime’ Explained: A New Framework for Company Incorporation in Europe

On the 18 March 2026, the European Commission (‘the Commission’) announced a new and harmonised corporate legal regime, ‘EU Inc.’ touted as the ‘28th regime’. It is the European Union’s (‘EU’) response to fragmentation faced by companies registered in EU countries, caused by divergent national corporate regulations and the absence of sufficiently harmonised EU-level rules. It is intended to reinforce the EU single market by removing residual internal barriers. This initiative targets stakeholder concerns raised during consultation activities. Since persistent barriers lead to problematic issues and cause companies, especially smaller businesses, to incur additional costs, the Commission hopes the proposal…
Edmond Zammit Laferla and Sarah Bonnici
3rd 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
Is court involvement needed to wind up a company? If so, when and why? Corporate and M&ALitigation & Dispute Resolution

Is court involvement needed to wind up a company? If so, when and why?

This article is the first 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. Introduction While there are various grounds upon which a company may be dissolved, dissolution has traditionally involved some form of court supervision, whether voluntary or compulsory, with limited exceptions. Article 214 of the Companies Act,…
Kristen Camilleri and Jonathan Abela Fiorentino
18th March 2026
The Simplified Dissolution Procedure Under Article 214A of the Maltese Companies Act Corporate and M&A

The Simplified Dissolution Procedure Under Article 214A of the Maltese Companies Act

At the end of 2025, the Companies Act (Chapter 386 of the Laws of Malta) (the “Companies Act”) was amended by Legal Notice No. 286 of 2025, giving effect to Article 32 of the Companies (Amendment) Act (Act XVIII of 2025) and introducing the new Article 214A into the Companies Act which establishes the  “simplified dissolution procedure” designed to facilitate the voluntary closure of dormant private limited liability companies without the need to appoint a liquidator. Applicability of Article 214A Under Article 214A of the Companies Act, a company that has been validly registered for at least six months may…
Nicole Portelli and Jack Vassallo Cesareo
4th February 2026