Malta: Directors and Officers

When a company pays an interim dividend but later discovers it lacked sufficient distributable profits, can those payments be recovered from shareholders? This analysis examines the unique legal position of interim dividends under Maltese company law, exploring the circumstances under which clawback becomes possible and the critical distinction between lawful distributions affected by subsequent misfortune and unlawful payments that should never have been made.

Explore the critical roles of company secretaries and directors in Malta's corporate framework, examining their statutory obligations and the growing emphasis on demonstrating genuine corporate substance for regulatory compliance.

This article is part of a series exploring court actions available under the Companies Act (Chapter 386 of the Laws of Malta).

The Institute of Financial Service Practitioners (IFSP) has set up a Directors' Chapter, to be chaired by Etienne Borg Cardona. Until now, the IFSP had a Directors and CSP sub-committee, which had been chaired...

The EU has built a robust legislative framework to aid its transition into a low carbon economy. A recent addition is the Directive on corporate sustainability due diligence ("CSDDD" or "Directive").

Doing Business In Comparative Guide for the jurisdiction of Malta, check out our comparative guides section to compare across multiple countries

Following the first article in this series dealing with the process of a member's voluntary winding up (the "MVWU"), the focus of this article will shift to the second mode of voluntary winding up which...

Upon the incorporation limited liability companies acquire separate legal personality separate from that of its members.

On 10 September 2024, the Grand Chamber of the Court of Justice of the European Union delivered a landmark judgment in favour of the European Commission in the appeal case C-465/20...