Has the Maltese limited liability partnership status provided an effective alternative to the personal risks associated with partnership law?

Abstract

This Research Project (‘RP’) offers a thorough elaboration on the concept of Limited Liability Partnerships (‘LLP’). Throughout this work the author examines the emergence of the LLP status, what encouraged its introduction into Maltese law and the extent of its scope in Malta in comparison to other jurisdictions. This RP furthermore unravels the extent to which the enactment of this status into Maltese law constitutes an example of legal transplantation from its birthing jurisdiction to the Maltese jurisdiction. Upon determining this, the author also deciphers whether the exercise of introducing such status into the Maltese jurisdiction was adequately carried out or merits further review. In addition, this RP explores the LLP’s efficacy and coherence with established principles of Maltese company law, establishing whether the development of the LLP status has created a viable substitute to the company or partnership model currently established under the Companies Act (‘CA’), Chapter 386 of the Laws of Malta. The author concludes by determining whether the LLP status provides an effective alternative vehicle to the personal risks associated with partnership law.