Malta: Directors and Officers

When shareholders use both constitutional documents and private agreements to govern their company, conflicts can arise that challenge corporate governance. This analysis examines which instrument takes precedence under Maltese law when the Memorandum and Articles of Association clash with a shareholders' agreement, drawing on key judicial precedents and the fundamental principles of company law.

The Court of Justice of the European Union's landmark Wunner decision fundamentally reshapes director liability across the EU by permitting personal lawsuits against directors of companies operating cross-border, even when they hold valid licenses in their home jurisdiction. Can directors of Maltese companies still rely on separate legal personality protections when serving consumers across multiple Member States, or has the corporate veil been effectively pierced by this controversial judgment?

The judgment of the Court of Justice of the European Union (CJEU) in Case C-77/24 (Wunner) constitutes a significant development in the private law dimensions of cross-border service provision within the European Union.

A number of amendments to the Maltese Companies Act were enacted by means of Act XVIII of 2025 on 11 July, 2025. This article analyses some amendments which have significant...

On the 11th July 2025, Act XVIII of 2025 (the "Act") was promulgated, which introduced several amendments to the Companies Act (Chapter 386 of the laws of Malta) (the "Companies Act")...

Directive (EU) 2022/2381, adopted on November 23rd 2022, and often referred to as the Women on Boards Directive, sets out measurers to improve gender balance among directors of listed companies and related measures...

This article outlines the importance of succession planning as a basic tenet of good corporate governance. In this article we try to explain how a board should go about succession...

The local M&A market has shown slow signs of improvement when compared with the activity recorded at the beginning of 2023, and deal-making activity appears to be ramping up.

This article outlines the importance of succession planning as a basic tenet of good corporate governance.