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…
On 15 September 2026, the Malta Financial Services Authority ("MFSA") issued a circular addressed to all issuers of financial instruments admitted to trading on a trading venue or for which a request for admission to trading has been made, as well as to investment services providers as defined under Article 3(1)(28) of the Market Abuse Regulation (Regulation (EU) No 596/2014, "MAR"). The circular draws the attention of market participants to two Commission Delegated Regulations published in the Official Journal of the European Union on 16 July 2026, both of which form part of the Level 2 measures implementing amendments to…