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,…
Civil Court (Commercial Section) on whether a #retrial of #liquidationproceedings is possible
No Retrial Possible from a Liquidation Order Litigation & Dispute Resolution

No Retrial Possible from a Liquidation Order

In a landmark decision delivered on the 11th January 2023, in the names ‘Av. Jonathan Abela Fiorentino noe vs Eolia Limited’ (case no. 68/2022 ISB), the Civil Court (Commercial Section) rejected the application filed by defendant company demanding the Court to order a retrial of the liquidation proceedings that led to the company being placed into liquidation. This decision constitutes the first occasion on which the Court pronounced itself on this specific legal matter, since the issue was previously untested. By means of a liquidation order issued by the same court on 11th March 2022, the Court placed the defendant…
Jonathan Abela Fiorentino
24th January 2023