The concept of company rescue in bankruptcy law

Abstract

Maltese company law is mainly governed by the Commercial Partnerships Ordinance (1962), an Ordinance which is based on the English Companies Act of 1948. Unfortunately, no mention is made of corporate rescue provisions. The aim of this thesis is to give a broad overview of the position on bankruptcy in Malta, with relevant references from the new Companies Bill and analyse in some depth the concept of corporate rescue as found under English law and check whether other legislations, in particular, French law, offer any alternatives which could, one day, be introduced into our law. The introductory chapter speaks of the concept of company rescue and goes on to deal with the objectives which a proper bankruptcy regime should possess. A chapter has been devoted to the position of bankruptcy law in Malta with comparisons to other systems of law. Particular emphasis has been given to the English position on insolvency due to the great influence of English law as a source of our company law. Three chapters on administration orders, the role and duties of the administrator and company voluntary arrangements, including proposed and criticisms raised, have been dealt with extensively. overview of French law on insolvency and corporate procedures is to be found in the penultimate chapter. changes A broad overview of French law on insolvency and corporate rescue procedures is to be found in the penultimate chapter. Finally, the conclusion deals with whether corporate rescue procedures should be introduced into our law or otherwise.