Fraudulent & Wrongful Trading – Malta | ONLINE LIVE SESSION

40.00 Inc VAT

Wednesday 11 November 2020 | 14:00 (Europe/Malta)

Online Live Session

Accreditation details will follow shortly.

In stock


In this seminar, the provisions of the Companies Act (Cap. 386 of the laws of Malta) relative to Wrongful Trading and Fraudulent Trading will be examined from both a legal and practical perspective. The context within which the offences of Wrongful Trading and Fraudulent Trading may arise will serve as a backdrop for the ensuing explanation on salient aspects of these offences including:

  • Duties of directors of a company generally, but more so in the case of a company in financial difficulty
  • Defining the terms Wrongful Trading and Fraudulent Trading
  • Rationale underpinning these offences – what and whom do these provisions seek to protect?
  • Procedural aspects of instituting and defending an action for Wrongful Trading or Fraudulent Trading
  • Consequences of the offences of Wrongful Trading or Fraudulent Trading
  • A brief analysis of local jurisprudence on the subject
  • The interplay between the offences of Wrongful Trading and Fraudulent Trading and other offences under our Companies Act
  • The immediate impact of COVID-19 on the application of the provisions under review.

In an economically challenging time during which the necessity of preserving economic value and the importance of acting in the best interests of the company could not be more acute, this session comes as a timely reminder as to the duties of directors and other officers when a company finds itself on the brink of, or already in the midst of, a financially troublesome situation. Such individuals must be mindful of the legal boundaries within which they may act, or run the risk of being found to have allowed, or engaged in, Wrongful Trading or Fraudulent Trading.

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Dr Malcolm Falzon is a partner in Camilleri Preziosi’s Corporate & Finance practice group. His areas of specialisation comprise capital markets, corporate, M&A, corporate/asset finance, insurance and gaming law. Malcolm also heads Camilleri Preziosi’s Blockchain & Fintech team.

Malcolm regularly acts as an examiner at the University of Malta, lecturer at the Malta Stock Exchange Institute, and speaker at conferences relating to his areas of expertise. He joined Camilleri Preziosi’s traineeship program in 2003. Following the completion of his LL.D studies at the University of Malta, Malcolm read for an LL.M in Corporate & Commercial Law at University College, London, and returned to Camilleri Preziosi as an associate in 2005. He was admitted to partnership in 2013.

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Event resources for face to face events will be available online after the delivery of the event.

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Event Details

Day 1: 11/11/2020

Start time: 14:00 CEST

End time: 17:15 CEST

Venue: Online Live Session

Phone: +356 27555560 / +356 77555560