Tag

businesslaw

Inside Malta’s New Rescue Law: How a Restructuring Plan Becomes Reality Corporate and M&A

Inside Malta’s New Rescue Law: How a Restructuring Plan Becomes Reality

Imagine a business that is under pressure. Sales have dipped. A key contract is at risk. Cash is tight. The board meets and, after honest analysis, concludes the company faces a likelihood of insolvency — that is, a state of financial difficulty falling short of actual insolvency but sufficiently serious to warrant early intervention — unless decisive action is taken. Under the Pre-Insolvency Act (hereinafter the “Act”), enacted by Act XXIV of 2022 to partially transpose Directive (EU) 2019/1023 on preventive restructuring frameworks, that company may apply to the Civil Court (Commercial Section) to open a preventive restructuring procedure. The…
Andrea Theuma and Michael Psaila
16th September 2026
Preventive Restructuring in Malta: A Better Way to Rescue Troubled Businesses Corporate and M&A

Preventive Restructuring in Malta: A Better Way to Rescue Troubled Businesses

For many Maltese companies, financial difficulty used to mean a stark choice: muddle through and hope for the best, or head straight for insolvency. A new legal route — preventive restructuring — changes that equation by creating space to repair a viable business before it is too late. For years, the story was familiar. A business in Malta hits a rough patch — a delayed customer payment, a lost contract, a costly dispute, a run of poor trading. Directors, often with the best of intentions, focus on keeping the doors open and the payroll met. Credit stretches. Bank facilities are…
Andrea Theuma and Michael Psaila
2nd September 2026
Magnifying glass on article
The Companies (Amendment) Bill, 2025, Part 2: Key Amendments Affecting Limited Liability Companies Corporate and M&A

The Companies (Amendment) Bill, 2025, Part 2: Key Amendments Affecting Limited Liability Companies

On the 18th June 2025, Bill no. 136, the Companies (Amendment) Bill (the “Bill”), was presented to Parliament by the Minister for the Economy, Enterprise and Strategic Projects for its first reading and was published in the Government Gazette on the 24th June 2025. The Bill proposes a number of amendments to the Companies Act (Chapter 386 of the laws of Malta) (the “Act”). This article is the second of a two-part series which provides an overview the main amendments to the Act relating to limited liability companies. The first part of this series may be accessed here.  Changes relating…
Nicole Portelli
2nd July 2025