Business Law and Corporate Law

In cross-border structuring involving Cyprus entities, nominee director arrangements and powers of attorney (PoA) are widely used. However, the distinction between the two is often misunderstood, leading to governance gaps, regulatory exposure, and potential non-compliance.

When shareholders use both constitutional documents and private agreements to govern their company, conflicts can arise that challenge corporate governance. This analysis examines which instrument takes precedence under Maltese law when the Memorandum and Articles of Association clash with a shareholders' agreement, drawing on key judicial precedents and the fundamental principles of company law.

Cross border structuring, group expansion and corporate maintenance in the DACH region are often slowed not by substantive law, nor by commercial appetite...