A survey in commercial partnerships in Malta : 1965-1983

Abstract

This study gives some views of the way Commercial Partnerships have evolved in Malta following Ordinance No X of 1962 - The Commercial Partnerships Ordinance. The main source used was the partnerships files held at the office of the Registrar of Partnership. These files are public and for each partnership a file is opened, in which one finds the document which has set up the partnership, including any amendments which may have been made over the years. In the case of partnerships "anonyme" or Limited Liability Companies an Annual Return is also filed. This return gives updated information on the company, as required by the fourth schedule of the Ordinance. These files therefore, hold a complete history of the partnership from its registration to the present day. The study had to be scaled down. To carry out a complete survey on Commercial Partnerships in Malta would be very time consuming since up to December 1983 seven thousand and ninety three partnerships had been registered. As presented, the work involved hundreds of hours of research at the Office of the Registrar of Partnerships - this was necessary for the classification of companies found in Appendix D to be compiled, and for a general view to be obtained. It is hoped that this classification will be of help to others and further details are given in the Appendix. The study is divided into two parts. Part One deals with partnerships in general and is divided into four chapters. Part Two deals with the limited liability company and is divided into three chapters. In the end there is a general conclusion. The first chapter commences with a brief description of the development of the Commercial Partnership and continues by considering the Report of the Commercial Partnerships Law Reform Commission. Thin Commission was the brains behind the Draft Ordinance and as its report is not so well known, it is mostly reproduced to show the reader the thoughts behind some of the Provisions of the Ordinance, so that a comparison could be made with actuality. The second chapter is a report on the incidence of partnership registration. Chapter Three is on conversions and amalgamations while Chapter Four is on dissolutions of partnerships and consequent striking off from the Register. Chapter Five to Seven form the second part of the Report. Chapter Five gives comments on the use and changes of company names. Chapter Six examines the three different types of companies, i.e. the Public, Private and Exempt Private Company. Chapter Seven examines the general structure of groups of companies. Chapter Eight is a general conclusion. Although not exhaustive, this study should prove to be of interest and may encourage other students to submit dissertations on this subject. 'As a suggestion a team of students from different Faculties could pool resources and carry out an exhaustive survey. The data collected would be entered in a computer and provide a database of Commercial Partnerships in Malta, which would have extensive use.