Chetcuti Cauchi takes a
keen interest in the law relating to insolvency and has advised
clients on various aspects relating to insolvency, particularly on
the implications of Maltese insolvency law in the cross-border
context.
Domestic and cross-border
company insolvencies raise various issues that require careful
attention. Chetcuti Cauchi has been of assistance to various
companies faced with the prospect of insolvency locally or
internationally. The firm has advised companies on the manner in
which the dissolution and consequent winding up processes can be
effected in compliance with rules laid down in the Companies Act
1995. Due attention is also given to provisions of the
Maltese Civil Code which regulates private law matters relating to
corporate insolvency, such as the law on set-off. Our
corporate lawyers have also
advised the directors of such companies on the best manner of
conducting business in the context of eventual insolvency
proceedings in order to ensure that they will not incur any
liability for wrongful or fraudulent trading.
The firm works in close
collaboration with liquidators of companies, advising especially on
the ranking of creditors, the distribution of assets, the collection
of amounts due to the company and the distribution of any surplus
funds to shareholders. The firm is able to provide or procure
liquidators. Chetcuti Cauchi has also acquired extensive experience
in the preparation of all the documentation required and in the
registration and publicity requirements of the winding up process.
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