The Courts of Justice, in partnership with the Registrar of Companies, has acquired an EU grant to develop an integrated National Insolvency Register that will in future be interconnected to the European e-Justice Portal.

This electronic register aims to provide information to the public about entities and traders that are facing insolvency and provides information that is relevant to creditors such as the case reference, date registered, court name, termination date, type of proceedings, article, insolvency practitioner, time limit for lodging a claim, court of appeal and time limit for appeal.

EU Insolvency Regulation 2015/848 states that “member states shall establish and maintain in their territory one or several registers in which information concerning insolvency proceedings is published (‘insolvency registers’). That information shall be published as soon as possible after the opening of such proceedings.”

This register interfaces with two different insolvency registers. One of the insolvency registers is maintained by the Registrar of Companies, who receives information from companies registered in Malta which, upon their dissolution, are in an insolvent situation, as declared by their directors.

The other register is kept by the Courts Registrar through information received whenever an application is filed at the Civil Courts by sole traders declaring bankruptcy. Separate registries are necessary in view of the fact that sole traders are not registered in the Company Insolvency Register. The court also holds information in the cases of companies which are in the course of a dissolution and winding up by the court.

The insolvency register is accessible to the public at the eCourts website: https://ecourts.gov.mt/onlineservices/

One can search either by the name of the debtor, by company number or identity card number and view the details of the insolvency proceedings related to the debtor. The design of the register is set to be responsive to allow viewing of the register from one’s mobile phone apart from desktop computers.

The project was co-funded by the Justice Programme (2014-2020) of the European Union.

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