A limited liability company is a company in which the liability of shareholders is limited to the unpaid amount of its share capital by the creation of an autonomous legal personality. The Registrar of the Courts is responsible for the registrars and their assigned officials, the filing and service of judicial documents, the execution of executive titles such as judgments and arrest warrants of court-appointed commissioners, judicial auctions, jury trials and other criminal trials. If the Commissioner of Justice indicates that he has not found the addressee at the address indicated or that no body has been opened, the requested authority will file an application with the competent court for permission to notify the person (whether legal or physical) at the same address, but within the time limits set by our law. Sometimes the service succeeds. Service of documents is the service of judicial documents on a legal or natural person. The method of service is specifically regulated in the Code of Civil Organisation and Procedure (Chapter 12 of the Laws of Malta). The court referred to Article 787(1) of the Code of Organisation and Civil Procedure (COCP – Chapter 12 – Laws of Malta), which states that “any judicial act taken by or against a person who is incapable of prosecuting or being prosecuted and who is not duly authorised for that purpose shall be null and void”. It is therefore clear that the person who submits such an affidavit must be authorized to do so and, in addition, that the same affidavit will be drawn up in accordance with the legal formalities provided for in Article 158 of the COCP. If the formalities were not completed, the answer would, of course, be annulled, as stated in Kissaun noe vs Fenech noe (1989). The lawyer`s main task is to assist the lawyer who appoints him in the context of legal proceedings.
They are involved in the filing of written pleadings with court registries on behalf of clients and generally provide other services related to the preparation of actions by lawyers. However, after examining the Maltese Penal Code[26], specifically section 121D, an exception to corporate criminal liability seems to arise when examining the wording of this legislation in detail. This page gives you an overview of the legal professions in Malta. Legal professions – introduction Prosecutors Judges Lawyers / Lawyers Notaries Other legal professions Court clerks and employees A foreign company may choose to establish a branch in Malta instead of forming a separate and distinct company with its own legal personality in Malta. A foreign company considered to be a foreign resident entity incorporated outside Malta may establish a branch in Malta by registering the branch in the Maltese Commercial Register within one month of the establishment of a branch or registered office in Malta. It should be noted that a branch in Malta is not considered a separate legal entity and is therefore considered a short-term option in Malta and is not widely used by companies wishing to set up a long-term project in Malta. The Attorney General also acts as legal adviser to the government, and lawyers from the Attorney General`s Office also represent the government before the civil and constitutional courts. Swatar CSB Legal Tower Business Centre, Level 3 Tower Street BKR 4013 Swatar Tel. +356 2557 2414 www.csb-legal.com info@csb-legal.com The legal professions in Malta are lawyers, notaries and legal advisers. Any above-mentioned failure of a judicial act would render the same act null and void on the basis of Article 789(1)(a), which provides that `the plea of nullity of judicial acts shall be admissible, (a) if the nullity is expressly declared by law;` The legal profession in Malta is organised as a single system and prosecutors are appointed from among practising lawyers.
Lawyers are professionals qualified to provide legal advice and expertise and to represent their clients before courts, tribunals or other legal bodies. The applicant raised the issue of the validity or invalidity of the affidavit filed on behalf of the corporation on the basis that, at the time of filing, Mario Tonna would not have had the legal powers to represent the same corporation. In recent years, the Chamber has organized a number of academic conferences and seminars, as well as a monthly lecture series, to foster a culture of ongoing legal development for all lawyers. The national language version of this page is managed by the Member State concerned. The translations were carried out by the European Commission. Any changes made to the original by the competent national authority may not yet be reflected in the translations. The European Commission accepts no responsibility for any information or data contained or referred to in this document. Please note the copyright regulations of the Member State responsible for this site. The managers/directors of a company must act honestly and in good faith in the best interests of the company. They are legally obliged to ensure the welfare of the company and are responsible for: The Commission for the Administration of Justice is the body responsible for the regulation of this profession in Malta. A section of the Maltese Ministry of Home Affairs and National Security`s website is dedicated to the legal profession and open to the general public. The court was then faced with the question of whether it was possible for a person to act on behalf of the company without prior authorization and then obtain subsequent ratification.
The Court has held that the annulment of a judicial act in serious and serious cases of defects of form or substance which, on the basis of a procedural principle, can in no way be tolerated, must be regarded as exceptional. Judicial protests and legal documents that are not part of the legal proceedings are served by registered mail, with a “pink card” indicating either the signature of the addressee or the fact that the document is not claimed. The “pink card” would be attached to the original document (e.g. with the official letter). There is only one type of lawyer in Malta, and the terms “lawyer” and “lawyer” are used interchangeably. The profession is regulated by the Commission on the Administration of Justice, which is composed of the President of Malta, the Chief Justice, the President of the Bar Association and other members of the judiciary, as well as other legal practitioners. All complaints against lawyers are dealt with by a panel of five lawyers, who then make recommendations to the Administration of Justice Commission on disciplinary action. Three of the five lawyers are appointed by the Bar Association, which gives the Chamber effective regulatory powers over the profession.
Other businesses may prefer to act as a partnership, either in the form of a limited partnership or a partnership. A Maltese partnership has its own legal personality, distinct from that of its partners, and is capable of owning and holding property (under any legal title) or being sued. The shareholder of the company may be a natural or legal person. The defendant company produced two documents entitled `Decision of the sole manager`. The applicant considered that nowhere in the documents was it apparent that a formal meeting of the Management Board had taken place at the time of those documents. In fact, he stated that one of the orders was dated after the affidavit was filed. In addition, the applicant claimed that a second solution would not have been necessary if the first solution had been satisfactory. In addition, resolutions had to be prepared in accordance with the company`s mergers and acquisitions in order to become legally binding.
The court recognized that, although it was a family business and therefore the management of such a company was rather informal, the minimum requirements laid down in the company`s mergers and acquisitions still had to be met, in particular with regard to the preparation of documents concerning third parties, as was the case here.