Company representation : a critical analysis and judicial developments

Abstract

This thesis presents a critical appraisal and judicial developments of the representation of a limited liability company mainly from the Maltese perspective with particular reference to the English position in specific issues and the ramifications ensuing from this concept. Chapter 1 introduces the subject and examines certain pivotal notions. Chapter 2 focuses on contractual representation and the effects emanating therefrom. Specific issues and problems will be addressed with the main problem encompassing situations of unauthorised contracts entered into by persons who were not vested with the representation of a company at the time of the contract. Chapter 3 examines the concept of judicial representation, the situation before the amendments to the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta), the aftermath and certain specific concepts entangled with such type of representation. In Chapter 4 certain miscellaneous aspects of company representation are examined focusing on selective legislative aspects and other general concepts. Finally, Chapter 5 concludes on the topics covered by this study by targeting certain issues that necessitate reform and stability. This thesis is a critical analysis and a development through the concept of company representation, especially a development in the adjudicator’s mind and the theories that have been advanced. It is hoped that this study helps in the crystallization of certain issues in company representation, its legal and judicial evolution and the need for further amendments and clarification.