Tag

CreditorRights

Pressing Pause: Can a Liquidation itself be stayed? Corporate and M&ALitigation & Dispute Resolution

Pressing Pause: Can a Liquidation itself be stayed?

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision, outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis.  Once a company has been placed into liquidation by a court order, most assume the process simply runs its course. But what happens if continuing the liquidation no longer makes sense, either because the matter is…
Kristen Camilleri and Jonathan Abela Fiorentino
14th October 2026
Can Creditors Request a Change in Liquidator? Understanding your Rights during Liquidation Corporate and M&ALitigation & Dispute Resolution

Can Creditors Request a Change in Liquidator? Understanding your Rights during Liquidation

This article forms part of a series exploring key procedures and rights under the Companies Act (Chapter 386 of the Laws of Malta) in the context of company liquidation. While not every step requires a direct court application, creditors and other stakeholders still play an active role in shaping the process. Once a company is placed into liquidation by a court order, the Official Receiver is automatically appointed as the liquidator. However, this appointment is not necessarily permanent. Under Article 229(4) of the Companies Act, creditors holding at least one-fourth in value of the company’s debt may formally request the…
Kristen Camilleri and Jonathan Abela Fiorentino
15th July 2026
What happens to Directors and Shareholders After a Winding up Order is Issued? Corporate and M&ALitigation & Dispute Resolution

What happens to Directors and Shareholders After a Winding up Order is Issued?

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. Once a court issues a winding up order, the company enters into official liquidation, and control of the company is transferred away from its directors and shareholders. The court will appoint a liquidator, usually the Official…
Kristen Camilleri and Jonathan Abela Fiorentino
17th June 2026
Can a Legal Action be Paused Once a Company is Being Wound Up? Litigation & Dispute Resolution

Can a Legal Action be Paused Once a Company is Being Wound Up?

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta). Each article gives a practical overview of a specific legal remedy or procedure involving court supervision; outlining when it applies, the steps required, and the purpose behind it. It is intended as a useful reference point rather than an in-depth academic analysis. When a winding up application is filed before the Maltese courts, the company in question does not instantly enter liquidation. However, certain legal protections may immediately come into play, including the possibility of pausing other court…
Kristen Camilleri and Jonathan Abela Fiorentino
15th April 2026