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25.7.2024

Europe after Directive (EU) 2019/1023 of 20 June 2019: A comprehensive European Guide

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Summary

Directive 2019/1023 is transforming restructuring and insolvency frameworks across EU member states. This publication offers an in-depth review of the evolving legal frameworks in different EU countries and some non-EU jurisdictions, with Dr. Charlene Mifsud and Joanna Waszewska providing insights in the Malta chapter.

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About the Andersen Restructuring and Insolvency European Guide

Andersen is pleased to announce the release of its new publication, Europe after Directive (EU) 2019/1023 of 20 June 2019: A Comprehensive European Guide.

Directive 2019/1023, issued by the European Parliament and Council, aims to harmonize and modernize restructuring and insolvency frameworks across EU member states. Its primary objectives are to provide preventive restructuring frameworks, offer a second chance for honest entrepreneurs, and improve the efficiency of insolvency procedures. Due to the diverse legal backgrounds and development stages among member states, the Directive includes numerous alternatives and opt-outs, resulting in significant differences in its implementation. Despite a compliance deadline of July 17, 2021, not all states have adhered to the Directive.

Prepared by Andersen's Restructuring and Insolvency Service Line, this document serves as an initial guide, reviewing the various legal frameworks in different EU countries and some non-EU jurisdictions.

Chetcuti Cauchi contribute to Malta Chapter

Chetcuti Cauchi Advocates serves as the Maltese member firm of Andersen Global. Partner Dr. Charlene Mifsud and Joanna Waszewska, a Manager at Chetcuti Cauchi, are  respected members of the Andersen European Restructing and Insolvency team, providing valuable updates for the Malta section.

The Malta section provides an overview of the country’s transposition of EU Directive 2019/1023 into its legal framework through recent legislative reforms. Dr Charlene and Joanna outline key changes in insolvency and restructuring laws, including the introduction of new acts aimed at improving preventive restructuring, strengthening early warning mechanisms, and modernizing the role of insolvency practitioners. Readers will also learn about the impact of these reforms on business restructuring, creditor rights, and director responsibilities in Malta, along with new tools designed to assist struggling companies in avoiding insolvency.

You can access and read the full restructuring and insolvency comprehensive European Guide: https://andersen.docdroid.com/M5dGAdb/andersen-restructuring-and-insolvency-frameworks-across-europe-after-directive-eu-20191023-of-20-june-2019-a-comprehensive-european-guide-pdf

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