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Merger by Acquisition of Companies in Malta

As in many jurisdictions, Malta’s legislative framework for merger and acquisition activity encompasses laws and regulations that seek to regulate several aspects that may feature in a merger and acquisition transaction, including local and cross-border movements.

Having said this, the Companies Act (Chapter 386 of the Laws of Malta) (the “Act”) is the primary legislation that regulates mergers and acquisitions of private and public companies in Malta. It provides for the amalgamation of companies in the form of a merger by forming a new company and a merger by acquiring a company by another company.

It is important to note that a company may only be amalgamated with another company, meaning that the Act does not allow for the process to happen with another type of commercial partnership. Therefore, it is essential to note from the beginning that some mergers and acquisitions within specific fields require regulatory authorization to conclude the procedure, and this usually takes a significant period which one would need to factor in.

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