Company law and corporate insolvency law : the insolvency practitioner : powers, duties, authorisation and liabilities

Abstract

This book provides a comprehensive analysis of the legal and regulatory framework governing insolvency practitioners under Maltese law, highlighting the major legislative overhauls introduced by the Insolvency Practitioners Act (Chapter 632) and the Pre-Insolvency Act (Chapter 631). It partial-transposes EU Directive 2019/1023 on preventive restructuring frameworks and introduces a modern, professionalized regime for insolvency practitioners in Malta. The work examines the extensive powers and supervisory responsibilities vested in the Competent Authority (the Insolvency and Receivership Service within the Malta Business Registry), early warning mechanisms, pre-insolvency rescue frameworks, and comparative insights drawn from UK and EU jurisprudence—including key topics such as cross-class cram-down, bankruptcy trusteeship, and legitimate expectations of office holders. Furthermore, it explores contemporary challenges and developments, including the integration of Artificial Intelligence in insolvency regulation and evolving anti-money laundering (AML) obligations.