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Interim Dividends Under Maltese Law: When Can They Be Clawed Back?
When a company pays an interim dividend but later discovers it lacked sufficient distributable profits, can those payments be recovered from shareholders? This analysis examines the unique legal position of interim dividends under Maltese company law, exploring the circumstances under which clawback becomes possible and the critical distinction between lawful distributions affected by subsequent misfortune and unlawful payments that should never have been made.
Malta Commercial
GA
Ganado Advocates
Article
The Shift In The Burden Of Proof In Employment Discrimination Claims Under Maltese Law
Maltese employment law departs from the ordinary civil rule that claimants must prove their allegations when it comes to discrimination claims. Once an employee establishes facts suggesting discriminatory treatment, the burden shifts to the employer to prove the decision was lawful and non-discriminatory. This article examines the EU origins of this evidential framework, its implementation across multiple Maltese regulations, and how the courts have applied it in practice.
Malta Employment
GA
GVZH Advocates
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