Introduction On 12 October 2023, the First Hall of the Civil Court, in its Constitutional Jurisdiction in Carmel Cortis et v. Office of the Prime Minister et (Rik. Nru. 21/19TA), held that the provisions of the Companies Act (Cap. 386 of the Laws of Malta) (the “Act”) through which the property of a company struck off the register as defunct devolves upon the Government of Malta breached the fundamental right to property protected by Article 37 of the Constitution of Malta and Article 1 of Protocol No. 1 to the European Convention on Human Rights (“A1P1”), as well as the…
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…
Mamo TCV Advocates recently partnered with the Malta Business Network to host Runway Finance: Lease Finance in Aviation, an event bringing together aviation professionals, financiers and legal practitioners to discuss the recent developments reshaping aircraft financial leasing and what they mean for Malta's aviation finance sector. Malta is introducing new legislation that would provide qualifying lessors with a streamlined, notification-based alternative to a full financial services licensing, so the discussion came at a timely moment for the industry. Aeroitalia was represented by Marco Carcioffo, VP Fleet & Purchasing, who has over 18 years of experience across fleet management, operations and…