The Business Observer

Page 1

INTERVIEW

Issue 65

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December 1, 2016

Distributed with Times of Malta

Malta last in insolvency rankings

NEWS Banks are being criticised for dragging their feet over the opening of new accounts but the president of the Malta Bankers’ Association, Mario Mallia, said companies should understand that they want active relationships. see page 3 >

Vanessa Macdonald Malta has the most inefficient insolvency proceedings of all the EU member states, a damning report by the European Commission has revealed. The report coincides with new EU rules on business insolvency, aimed at increasing the opportunities for companies in financial difficulties to restructure early on so as to prevent bankruptcy and avoid laying off staff. At present, many viable companies in financial difficulties are steered towards liquidation – which the EU report described as “the most likely outcome” in Malta – rather than early restructuring, with too few entrepreneurs getting a second chance. Indeed, there does not seem to be much chance of a ‘second chance’: Malta is one of eight member states where bankrupt entrepreneurs cannot shed their ‘bankrupt’ status as no discharge exists, while 11 countries have a discharge period of three years or less. The report estimates that Malta could increase its SMEs by five per cent if it were to offer a discharge period of three years, creating 428 jobs. The impact could be significant: Malta is one of nine member states where SMEs account for over three-quarters of employment. SMEs in only just over half of member states can achieve bankruptcy in three years or less, and only half of member states treat restarters on an equal footing with new start-ups. Second change policies laid out in the Small Business Act have been implemented in less than half the member states – and has

e head of the Eurogroup, Jeroen Dijsselbloem, has clear – and frank – views about populism, Brexit, the US regulatory regime and insolvency. see pages 10 and 11 >

NEWS

“In Malta, only 40.7 per cent of secured creditors recover their debts following insolvency, compared to 65 per cent in the EU”

been the principle showing least progress since 2008. The report shows that the average length of insolvency proceedings in Malta is three years, compared to the EU average of two years. This all has a spill-over effect on the rest of the economy. In Malta, only 40.7 per cent of secured creditors recover their debts following insolvency, compared to 65 per cent in the EU.

Conrad Portanier, a partner at Ganado Advocates, who has lobbied for changes to Malta’s insolvency proceedings, said that these statistics, although alarming, were not surprising. “I will mention one case with significant commercial ramifications where the First Hall of the Civil Courts decided (swiftly and ably) that a large company owing millions to Maltese creditors is Continued on page 6

For over a year, Jankarl Farrugia has been mulling the idea of a Valletta brand for boutique hotels but with Mark Weingard now also on board, that proposal might just become a reality. see page 5 >

STOCK MARKET REVIEW ere will be winners and there will be losers but dollar/euro parity might just become a reality. Edward Rizzo analyses the factors pushing it one way or the other. see pages 18 and 19 >


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