Category

Corporate and M&A

MFSA Circular on Commission Delegated Regulations | Implementing Amendments to the Market Abuse Regulation under the EU Listing Act Corporate and M&A

MFSA Circular on Commission Delegated Regulations | Implementing Amendments to the Market Abuse Regulation under the EU Listing Act

On 15 September 2026, the Malta Financial Services Authority ("MFSA") issued a circular addressed to all issuers of financial instruments admitted to trading on a trading venue or for which a request for admission to trading has been made, as well as to investment services providers as defined under Article 3(1)(28) of the Market Abuse Regulation (Regulation (EU) No 596/2014, "MAR"). The circular draws the attention of market participants to two Commission Delegated Regulations published in the Official Journal of the European Union on 16 July 2026, both of which form part of the Level 2 measures implementing amendments to…
Mamo TCV Advocates
17th September 2026
Inside Malta’s New Rescue Law: How a Restructuring Plan Becomes Reality Corporate and M&A

Inside Malta’s New Rescue Law: How a Restructuring Plan Becomes Reality

Imagine a business that is under pressure. Sales have dipped. A key contract is at risk. Cash is tight. The board meets and, after honest analysis, concludes the company faces a likelihood of insolvency — that is, a state of financial difficulty falling short of actual insolvency but sufficiently serious to warrant early intervention — unless decisive action is taken. Under the Pre-Insolvency Act (hereinafter the “Act”), enacted by Act XXIV of 2022 to partially transpose Directive (EU) 2019/1023 on preventive restructuring frameworks, that company may apply to the Civil Court (Commercial Section) to open a preventive restructuring procedure. The…
Andrea Theuma and Michael Psaila
16th September 2026
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
Preventive Restructuring in Malta: A Better Way to Rescue Troubled Businesses Corporate and M&A

Preventive Restructuring in Malta: A Better Way to Rescue Troubled Businesses

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. For years, the story was familiar. A business in Malta hits a rough patch — a delayed customer payment, a lost contract, a costly dispute, a run of poor trading. Directors, often with the best of intentions, focus on keeping the doors open and the payroll met. Credit stretches. Bank facilities are…
Andrea Theuma and Michael Psaila
2nd 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
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