An analysis of the 2002 continuation of companies regulations in the light of the European Convention on Mutual Recognition of Companies.

Abstract

The thrust of this dissertation is to examine the workings of the 2002 Continuation of Companies Regulations in the light of the European Convention on the Mutual Recognition of Companies. Chapter 1 will give a historical background of the continuation of companies legislation which used to prevail prior to the 2002 regulations, and the amendments which took place thereto. Chapter 2 then analyses the actual workings of the new Continuation of Companies Regulations, and also those of their foreign counter-parts which I will compare and contrast with our provisions of law on the matter. It is also the objective of this dissertation to analyse our regulations in a different context, in the context of the European Convention on the Mutual Recognition of Companies and Legal Persons. Thus Chapter 3 scrutinises the provisions of this Convention and also compares these provisions to the prevailing situation in Malta, and analyses whether our provisions are in any way conflictual with those of the European Convention. Chapter 4 will then go on to deal with the manner of taxation of continued companies, and with all the tax benefits that such a legal reality may bring about. It also discusses these provisions in the light of the European Convention. From the above, it may be seen that our regulations and provisions of law endeavour to be as exhaustive as possible on the matter under examination.