The Commercial Partnerships Ordinance, 1962 and the Companies Act, 1995 : a history, 1954 - 2000

Abstract

The aim of this thesis is to examine the sources of two of the most important pieces of commercial legislation enacted in Malta in the last fifty years. Through an analysis of the relevant documents, it has been possible to identify some of the problems which inevitably arose during the creation of the statutes in question. In effect, with regard to the first piece of legislation considered (Commercial Partnerships Ordinance 1962), the problems were mainly of a political nature rather than legislative. These problems affected the tirneframe within which the enactment, corning into force and future amendments were made. In the case of the Companies Act 1995, a cooperative environment prevailed. Of interest is the way in which certain concepts were adopted and others set aside during the preparation of the relevant bills. This is demonstrated through an analysis of documents and letters in which the persons concerned discuss the various issues involved in the enactment and amendments of the legislation. A consequence of this type of analysis is the clarification of the context and the source within which the laws in question have developed and been promulgated. This must surely help anyone wishing to understand not only the derivation of the law but also its future destination. The trajectory of the growth of the two laws includes reference to U.K. legislation as well as that of France, Italy and New Zealand. Awareness of this rich background can only serve to enhance the understanding of the present legislation and help to have a vision of the legislation of the future.