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    The validity of post-insolvency transactions: interpreting Article 31(1) of the EU Regulation on Insolvency Proceedings
    2025-05-02

    On 27th March 2025, the Court of Justice of the European Union (“CJEU”) delivered a ruling in the case Matthäus Metzler, acting as insolvency practitioner in insolvency proceedings vs. Auto1 European Cars BV (Case C‑186/24) concerning the interpretation of Article 31(1) of Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (the “Insolvency Regulation”).

    Filed under:
    Austria, European Union, Malta, Insolvency & Restructuring, Litigation, Ganado Advocates, European Parliament, European Council, Court of Justice of the European Union
    Authors:
    Francesca Vassallo
    Location:
    Austria, European Union, Malta
    Firm:
    Ganado Advocates
    Navigating through the process of a Members Voluntary Winding Up
    2024-09-30

    Dissolution and consequential winding up, is a critical process in the life cycle of a company, marking its transition from active business operations into a state of liquidation eventually sealed by complete closure. Under Maltese law, the dissolution of companies is primarily governed by the Companies Act (Chapter 386 of the Laws of Malta, the “Act”), which provides a structured framework to ensure that the process is conducted fairly and efficiently.

    Filed under:
    Malta, Company & Commercial, Insolvency & Restructuring, Ganado Advocates
    Authors:
    Saman Bugeja
    Location:
    Malta
    Firm:
    Ganado Advocates
    Secured creditor’s omissions during bankruptcy proceedings did not prejudice other creditors
    2024-01-11

    Insights

    Filed under:
    Malta, Banking, Insolvency & Restructuring, Litigation, Ganado Advocates
    Authors:
    Kelly Cini
    Location:
    Malta
    Firm:
    Ganado Advocates
    Proposals for an improved European Banking Union framework - Part 2
    2023-06-26

    In the first part of this article, we dealt briefly with the European Commission’s proposals to further strengthen and ensure the proper application of the existing common framework for managing bank failures, through the publication of a proposed package amending the framework on banks’ crisis management and deposit insurance (“CMDI”) on 18 April 2023.

    Filed under:
    European Union, Malta, Banking, Insolvency & Restructuring, Ganado Advocates, European Commission, European Parliament
    Authors:
    Conrad Portanier , Roberta Carabott
    Location:
    European Union, Malta
    Firm:
    Ganado Advocates
    Insurance Newsletter - Issue No. 12
    2023-04-13

    IAIS launches climate risk training materials for insurance supervisors

    According to a press release published on April 5th, 2023, the International Association of Insurance Supervisors (IAIS) and the Financial Stability Institute jointly launched new online training materials on climate risk for insurance supervisors.

    Filed under:
    European Union, Malta, Insolvency & Restructuring, Insurance, IT & Data Protection, Ganado Advocates, Fintech, Digital transformation, Confidential information, European Commission, Solvency II Directive (2009/138/EU)
    Location:
    European Union, Malta
    Firm:
    Ganado Advocates
    Creditors’ right to request the dissolution and winding up of a company in default
    2023-02-22

    In its judgment on the 23 January 2023, the First Hall Civil Court (Commercial Section) (hereinafter the “Court”) presided by Mr. Justice Ian Spiteri Bailey delved into the salient features of a request made to the court for the dissolution and winding up of a company by a creditor or creditors of such company by means of an application in terms of Article 218(1) of the Companies Act, Chapter 386 of the Laws of Malta (the “Act”).

    Filed under:
    Malta, Company & Commercial, Insolvency & Restructuring, Litigation, Ganado Advocates
    Authors:
    Saman Bugeja
    Location:
    Malta
    Firm:
    Ganado Advocates
    UK Ipagoo appeal judgment examines the safeguarding obligations for EMIs
    2022-12-28

    On the 9 of March earlier this year, the Court of Appeal (Civil Division) in the UK dismissed an appeal and confirmed that when an electronic money institution (“EMI”) is placed into administration, it was not necessary to impose a statutory trust in order to fulfil the purposes of the safeguarding provisions under EMD (Electronic Money Directive 2009/110) and PSDII (Payment Services Directive 2015/2366) considering that the spirit of both Directives was solely to preserve the sums paid by the EMI’s customers in the case of insolvency and against its other creditors.

    Filed under:
    Malta, United Kingdom, Banking, Insolvency & Restructuring, Litigation, Ganado Advocates, Financial Conduct Authority (UK), European Commission
    Authors:
    James Debono
    Location:
    Malta, United Kingdom
    Firm:
    Ganado Advocates
    “Early warning signs of insolvency” - The new pre-insolvency restructuring bill
    2022-11-07

    Early in October, three new Bills were tabled to Parliament: a Bill to amend the Commercial Code provisions on Bankruptcy, a Pre-Insolvency Bill, and a Bill to regulate Insolvency Practitioners. These Bills intend to partially transpose the EU Directive 2019/1023 on preventive restructuring frameworks. The aim of the Directive is to encourage Member States to implement measures that enable the early detection of financial difficulties to avoid insolvency altogether, failing which, there could be a smoother transition into insolvent liquidation.

    Filed under:
    European Union, Malta, Insolvency & Restructuring, Ganado Advocates, Bankruptcy
    Authors:
    George Bugeja , Luisa Cassar Pullicino
    Location:
    European Union, Malta
    Firm:
    Ganado Advocates
    Reforms to Malta’s Insolvency Laws
    2022-08-05

    Just before going into summer recess Maltese Parliament held the first reading of three Acts which, once adopted, are bound to start changing the Maltese insolvency law landscape. These Acts will be amending the Commercial Code and will be introducing a new Insolvency Practitioners Act and a Pre-Restructuring Act.

    Filed under:
    European Union, Malta, Insolvency & Restructuring, Ganado Advocates, UNCITRAL, European Parliament
    Authors:
    George Bugeja , Luisa Cassar Pullicino
    Location:
    European Union, Malta
    Firm:
    Ganado Advocates
    The dissolution and winding up of a company when unable to pay its debts
    2022-06-16

    Insights

    In its judgement delivered on 25 February 2021, in the names “Dr. Antoine Naudi as special attorney on behalf of the foreign company UR s.r.l vs. Talocan Ltd of Malta”, the Civil Court (Commercial Section), presided over by Hon. Justice Joseph Zammit McKeon, analysed the requirements necessary to uphold a dissolution and consequential winding up request in terms of Article 214 (2) (a) (ii) of the Companies Act, Chapter 386 of the Laws of Malta.

    Facts of the Case

    Filed under:
    Malta, Company & Commercial, Insolvency & Restructuring, Litigation, Ganado Advocates, Coronavirus
    Authors:
    Marcus Rizzo Naudi
    Location:
    Malta
    Firm:
    Ganado Advocates

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