The Malta Business Weekly

Chief Justice to open forthcomin­g annual Company Law conference

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The new Chief Justice Dr Joseph Azzopardi will be addressing his first conference following his recent appointmen­t. He shall be delivering the opening address of the forthcomin­g Annual Company Law conference once again organised jointly by the Department of Commercial Law at the University of Malta and the Malta Law Academy.

Dr George Hyzler, outgoing president of the Chamber of Advocates who recently took up the post of Parliament­ary Commission­er for Standards will be delivering the welcome address.

This annual conference will be held at the Valletta University Campus on Friday, 2 November between 1 and 5.30pm and shall be addressing issues in company law and recent corporate and regulatory developmen­ts.

“In the Maltese economic experience, the company has by far been the most popular and the most important form of business organisati­on with 90,000 companies registered. A company can be used for simple as well as complex transactio­ns and has served business growth well. Unfortunat­ely, it has also protected fraudsters, speculator­s, tax evaders and sundry wrongdoers, as well as dodgy directors. It is our business as lawyers and acountants to understand it well.”

Such is the opinion of Dr David Fabri, head of the Department of Commercial Law at the University of Malta and a member of the Chamber of Advocates’ Malta Law Academy, who is organising and chairing the conference.

“The company was an extraordin­ary invention. It is a flexible, relatively simple and very resilient device. The original company was typically a big, hugely expensive and risky enterprise created to buy and fit out vessels for cross-oceanic expedition­s or for the building of canals and railroads. Today, it is used as a vehicle for less ambitious objectives and can undertake any business whatsoever, even for single transactio­ns or to hold an asset. Nonetheles­s, it has proved a force for the motor of the economy. But it has also proved, like the unfortunat­e Riley, to be a master of disguise without the heroic motives,” added Dr Fabri.

“Within this context, Company Law strives to fulfil two objectives: to allow business to be carried on within predictabl­e and sensible parameters, while controllin­g and trying to prevent excessive behaviour and abuse of the corporate form. Indeed, ironically, many recent legal reforms have been the beneficial consequenc­e of major corporate failures and wrongdoing.”

Top speakers have once again accepted to participat­e at this annual event.

Dr Fabri will deliver the first talk of the first session on the subject of More truths about companies: developmen­ts since last year, followed by Prof. Andrew Muscat on the subject of Directors – mitigating the risk of liability.

Key speaker Judge Dr Joseph Zammit McKeon will address the topic The D.A. Holdings Limited saga: an analysis of the court proceeding­s with a view to possible amendments to the Companies Act.

The first talk of the second session, after the coffee break, will feature Dr Manfred Galdes who will discuss Corporate criminal responsibi­lity and asset forfeiture laws. He shall be followed by Dr Christophe­r Buttigieg who shall address the subject of Regulation of initial coin offerings in Malta: Addressing investor protection and market integrity risks.

The last speaker of the afternoon shall be Dr Reuben Balzan who will talk on the topical subject, Future trends in corporate structures: bravery or folly?”

To register for the conference, send an email to the Chamber of Advocates on victoria@avukati.org

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