Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/53500
Title: The case for insolvency reform in Malta : the Companies Act 24 years on
Authors: Bonnici, Martina
Keywords: Corporation law -- Malta
Bankruptcy -- Malta
Business failures -- Law and legislation -- Malta
Liquidation -- Malta
Issue Date: 2019
Citation: Bonnici, M. (2019). The case for insolvency reform in Malta: the Companies Act 24 years on (Bachelor's dissertation).
Abstract: The insolvency provisions in Malta’s Companies Act were introduced when the same act was promulgated in 1995. Apart from some minor amendments over the years, these provisions have served twenty-four years. This dissertation will analyse the existing provisions coupled with selected judgements by local courts in order to identify areas in the law which, in the light of judicial experience, need amending or support by the introduction of new provisions. In the first part of this dissertation, the author will start by introducing the procedures available to corporate entities seeking to be dissolved and consequently wound up which provides the reader with a brief overview of the notions found in the Maltese Companies Act. This will include an explanation of a winding up by the court, a members’ voluntary winding up and a creditors’ voluntary winding up. The second part involves an analysis of three selected judgements through which certain provisions in the Maltese insolvency framework, which have not resulted in providing just remedies or which do not cater for practical scenarios, will be highlighted. These provisions will then be compared to those found under British or Australian insolvency laws. This comparison helps in proposing amendments to the Maltese insolvency provisions or in finding solutions to issues which the Civil Court (Commercial Section) and insolvency practitioners deal with. The author will conclude by proposing solutions and listing recommendations which seek to address the weaknesses or lacunae identified in this dissertation in order to render the Maltese insolvency framework more complete.
Description: LL.B.
URI: https://www.um.edu.mt/library/oar/handle/123456789/53500
Appears in Collections:Dissertations - FacLaw - 2019

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