Dissolution and winding up of companies, and
related insolvency issues, under the Companies Act
Speaker: Dr Joseph R. Borg
Moderator: Dr David Fabri
21 February 2017 | 14:00—17:30
Venue: Malta Life Science Park LS1 Conference Hall C
Accreditation: 3 CPE hours
Dr Borg will briefly analyse the various
reasons why companies may be dissolved
and the various forms of winding up made
available by the Companies Act. There are
various reasons why the lifetime of
companies is often terminated. The reason
why a company has been closed may have a
bearing on the form of winding up that can
be adopted in terms of law.
Particular attention will be given to
insolvency issues and how these influence
the dissolution and winding up decisions.
Reference will also be made to the roles
played by the liquidators, the shareholders,
the courts and the creditors in these
contexts. The speaker will deal with the
main articles of the Companies Act which
govern the causes of dissolution of
companies and the various modes of winding
up including a brief look at the company
recovery procedures. The seminar will also
refer to the duties and obligations of
company directors and other company
officials before a company is dissolved and
may be approaching insolvency and the
duties and obligations of the liquidator after
dissolution. The rights of creditors of the
company are of essential importance in this
procedures and the speaker will explain the
rights of the creditors to participate in the
winding up proceedings especially in the case
of insolvencies and the ranking of their
respective rights against the company will be
reviewed. The role of the Official Receiver
will also be covered.
About the Speaker:
Dr Joseph R. Borg
Dr Joe Borg, 64, graduated Doctor
of Laws in Malta in 1975 and
Master of Laws in Wales in 1988.
Since 1979, Joe Borg has held
academic posts at the University of
Malta specializing in Company Law,
and in Industrial Law. He also held
various posts as legal adviser to
companies and corporate bodies in
Malta and abroad.
In 1995, he was the main author and drafter of the Malta
Companies Act. He was a member of the Board of Directors of the
Central Bank of Malta between 1992 and 1995. Dr Borg was
elected in 1995 as a Member of the House of Representatives for
the Nationalist Party and he also served as Parliamentary
Secretary within the Ministry of Foreign Affairs in 1998/99. He
then became Minister of Foreign Affairs of Malta between 1999
and 2004, during which period he led negotiations for Malta’s
accession to the European Union.
In 2004 he took up the post of Member of the European
Commission with responsibility for fisheries and maritime affairs.
His mandate as European Commissioner came to an end in
February 2010. He has resumed lecturing at the University of
Malta since October 2010, and has been appointed Chairperson of
the Board of Administrators of the Mediterranean Academy of
Diplomatic Studies since December, 2010. He has also been
appointed Director and later Chairperson of AgriBank PLC since
August 2012 and Chairperson of the Board of Directors of the
newly set up Malta Maritime Forum since December 2015.
In December 2016 he was awarded a D.Litt Honoris Causa by the
University of Malta in recognition of his work in connection with
Malta’s EU accession process and his role as Malta’s first European
Commissioner.
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