https://www.um.edu.mt/library/oar/handle/123456789/70416 2026-04-23T07:56:25Z 2026-04-23T07:56:25Z https://www.um.edu.mt/library/oar/handle/123456789/130295 2025-01-09T05:43:37Z 1999-01-01T00:00:00Z

Title: The role of the registrar of companies as a regulator under the companies act, 1995 Abstract: The Registrar of Companies is an officer whose role has undergone significant changes thanks to the new provisions introduced by the Companies Act, 1995. Certain powers which the Registrar now enjoys can be considered as similar to those of certain regulatory bodies set up under our financial services legislation One is therefore prompted to ask: would one be justified in also regarding the Registrar as a regulator? This dissertation is being written with the aim of posing such a question and also attempting to answer it in as comprehensive a manner as possible. The first Chapter seeks to illustrate the case for or against regulation of companies, adopting a general perspective. The philosophy behind regulation in general and company regulation in particular is examined, and a conclusion is drawn as to the desirability or otherwise of company legislation. The second Chapter compares and contrasts the functions of the Maltese Registrar of Companies with those of his nearest equivalent officers under the law of selected European countries. The reasons for any differences that may exist between the functions of the respective officers and those of the Regi~trar are touched upon. The third Chapter mainly compares the role of the Registrar of Companies under English company legislation with the role of his local counterpart. This exercise is of aid in attempting to understand better the precise nature of the Maltese Registrar's role, considering the fact that the Registrar's origins can be clearly traced to UK law. In the Chapter, the origins of the office of Registrar in England are delved into, as are the powers and limitations of the English Registrar. A necessarily short excerpt on the Nigerian Registrar, whose role is modelled on that of the English Registrar, is also included. Chapter Four compares and contrasts the Registrar of Companies to the main regulatory bodies established under our financial services legislation, namely the Central Bank, the Malta Stock Exchange ( and the Council of the Exchange) and the Malta Financial Services Centre. The fifth and final Chapter is made up of three main parts. In the first part, the origins of the Registrar of Companies under Maltese law are traced, starting from the Commercial Partnerships Ordinance and going on to the Companies Act 1995. The second part tackles the main point at issue in this dissertation, namely whether the Registrar may be considered a regulator. The third and final part suggests possible reforms to the Registrar's role, in the light of some of the observations made in the preceding Chapters. Description: M.A.FIN.SERVICES

1999-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/130171 2024-12-27T09:29:21Z 2001-01-01T00:00:00Z

Title: The protection of creditors in company law Abstract: Trade credit has always been one of the areas involving major commercial risks in businesses, ever since commerce took on a more determinate role in the evolution of modem society. Sole traders sought to improve their trade in the face or ever increasing competition by teaming up with others in their trade and by increasing their financial potential and strength through increases in capital and borrowing funds. Individuals who embarked on investing their personal belongings in a commercial activity ran the risk of losing all their property and more, while the other persons with whom they traded also ran similar risks. It is precisely with this risk in mind that the notion of limited liability was developed, a notion that has since caused commercial activity to be changed forever. With the advent of limited liability, the risk undertaken by individual entrepreneurs investing their funds and capital in business ventures was limited up to a pre determined amount. Companies were set up with a specific amount of share capital, i.e. the capital invested by the shareholders of the company, and therefore the personal liability of such investors was limited up to the amount declared in that share capital. With the development of limited liability came also the notion of separate and distinct juridical personality. This in essence meant that the company so formed was deemed a legal person separate and distinct from its owners, the shareholders, and together these two notions formed the basis of modern company law. This new concept thus led to a greater sense of confidence and security in commercial activity, and the limited liability company shortly became the most popular - and safe way of doing business. In a world that was abruptly taken by storm with the coming of capitalism and the industrial revolution, businesses quickly adopted the notion of limited liability and used it to their full advantage. The commercial company thus became the primary tool in and means of trading. Description: M.A.FIN.SERVICES

2001-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/130030 2024-12-19T09:15:09Z 1998-01-01T00:00:00Z

Title: The "Hybrid" company : an alternative to trusts and foundations Abstract: This dissertation proposes to give the reader an insight into the 'hybrid' company and the considerable potential of this corporate vehicle, particularly in the context of modern day estate planning and international tax planning. The appellation 'hybrid' company is given by international practitioners to the company limited by guarantee and having a share capital, as distinct from the term 'hybrid entity' with which international tax practitioners will undoubtedly be familiar, in that it denotes an entity which is treated as a corporation (akin to the UK concept of a 'company') for foreign tax purposes, but as a partnership for US tax purposes. Description: M.A.FIN.SERVICES

1998-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/123130 2024-06-04T04:48:47Z 2004-01-01T00:00:00Z

Title: An evaluation of the capital adequacy ratios in the Maltese banking sector, 1980-2000 Abstract: This dissertation seeks to take a historic look at the evolution of capital adequacy in the Maltese banking sector. The focus of the research was the period 1980 - 2000. The dissertation briefly describes the development of the local banking sector since the 1980s, and also outlines what were the main causes for these changes in banking. This is analysed both locally and in an international context. The dissertation also discusses the evolution of capital adequacy rules, with particular reference to the work carried out by the Basle Committee at the Bank for International Settlements. In this analysis the solvency ratio of both Bank ot Valletta and Mid-Med Bank (HSBC) were analysed over the period 1980 - 2000, and compared to the capital rules in force at that time, if any. Initially the findings of the research were somewhat contradictory: notwithstanding that the solvency ratios for both banks are in line with the statutory minimums, international rating agencies are still cautious when rating Maltese banks. Thus further analysis was required to reconcile this fact, given that banks are much more well capitalised now than they were 20 years ago. Following the discussion on the role of credit rating agencies in capital adequacy regulation, the dissertation deals with the likely impact ot EU membership on the local banking sector and what advantages, if any, this might bring. Description: M.A.FIN.SERVICES

2004-01-01T00:00:00Z