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 has been placed into liquidation by a court order, most assume the process simply runs its course. But what happens if continuing the liquidation no longer makes sense, either because the matter is…
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…
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…