Tag

WindingUp

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
Statue of scale of justice with background of lawyer
What happens to Court Cases once a Company is ordered into Liquidation? Corporate and M&ALitigation & Dispute Resolution

What happens to Court Cases once a Company is ordered into Liquidation?

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 is officially placed into liquidation by a court order, any ongoing court cases involving the company, whether filed by it or against it, may no longer proceed in the usual way. Under the…
Kristen Camilleri and Jonathan Abela Fiorentino
13th May 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
Is court involvement needed to wind up a company? If so, when and why? Corporate and M&ALitigation & Dispute Resolution

Is court involvement needed to wind up a company? If so, when and why?

This article is the first 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. Introduction While there are various grounds upon which a company may be dissolved, dissolution has traditionally involved some form of court supervision, whether voluntary or compulsory, with limited exceptions. Article 214 of the Companies Act,…
Kristen Camilleri and Jonathan Abela Fiorentino
18th March 2026