Malta: Shareholders

When shareholders' agreements conflict with a company's Memorandum and Articles of Association under Maltese law, the legal consequences may surprise many stakeholders.

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 Sports Private Limited Liability Companies Regulations, 2026 introduce a novel corporate structure specifically designed for sports clubs in Malta, allowing them to operate through dedicated limited liability...

The Audit Exemption Rules (L.N. 139 of 2025), published on the 15th of July 2025, introduce a regulatory framework that eases compliance costs for certain categories of companies in Malta by reducing or eliminating statutory audit requirements.

Doing Business In Comparative Guide for the jurisdiction of Malta, check out our comparative guides section to compare across multiple countries

By virtue of Act No. XVIII of 2025, the Companies (Amendment) Act, 2025 introduced several amendments to the Companies Act (Chapter 386 of the Laws of Malta) (the "Act").

When one thinks of a company, trading activities and profit-making typically come to mind, with dividends eventually distributed to shareholders.

In Maltese corporate law, the notion of pledging over shares refers to the conferring upon the pledgee (the creditor) the right to obtain payment out of the shares with privilege over other creditors.

Liquidation may be a step that needs to be considered by a director of a Maltese company when a company is no longer needed or has become insolvent. The process involves placing the company into dissolution.