Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/2264
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dc.date.accessioned2015-04-09T13:45:04Z
dc.date.available2015-04-09T13:45:04Z
dc.date.issued2014
dc.identifier.urihttps://www.um.edu.mt/library/oar//handle/123456789/2264
dc.descriptionM.A.FIN.SERVICES
dc.description.abstractA Maltese entity generally comes into existence by the legal process of incorporation and effectively ceases to exist when the company’s name is struck-off the Register. A company may be struck-off the Register following voluntary winding up, winding up by the court, or via an administrative act performed by the Registrar. In certain cases, although the stakeholders are notified prior to a company being made extinct, interested persons may still be aggrieved by a company’ name being struck-off the Register, particularly in cases where such persons had a vested interest in the company and that they were irremediably prejudiced by such striking-off. In such cases, the law, in trying to protect the stakeholders’ general interest, allows for the striking-off of a company to be contested in court and a request to the court is made to restore the existence of the company. In view of limited academic studies on the subject, the primary aim of this thesis shall be to analyse the relevant provisions available under Maltese company law in an attempt to examine the framework for company restoration under Maltese law. In order to provide an enhanced analysis of the legal principles derived from Maltese company law, due to limited judicial precedents in Malta, this study shall seek to compare and contrast Maltese and UK legislative provisions with a view to highlight the main similarities and then extrapolate the key differences between statutory provisions found therein. Subsequently, a detailed analysis of local case studies shall be presented in an attempt to analyse the legal parameters available to interested persons when applying to the court to order a company’s restoration, and in conclusion, a number of recommendations shall be put forward designed to address theoretical and practical issues arising from company restorations.en_GB
dc.language.isoenen_GB
dc.rightsinfo:eu-repo/semantics/restrictedAccessen_GB
dc.subjectCorporation law -- Maltaen_GB
dc.subjectFinancial institutions -- Law and legislation -- Maltaen_GB
dc.subjectComparative lawen_GB
dc.titleRestoring a company’s name on the Register : analysing the remedy available to interested personsen_GB
dc.typemasterThesisen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publisher.institutionUniversity of Maltaen_GB
dc.publisher.departmentFaculty of Lawsen_GB
dc.description.reviewedN/Aen_GB
dc.contributor.creatorScicluna, Mark
Appears in Collections:Dissertations - MA - FacLaw - 2014

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