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Obligations of Company Directors

Start Date
14 Dec 2020 , 18 Jan 2021 , 08 Feb 2021 , 15 Mar 2021 , 12 Apr 2021 , 10 May 2021 , 21 Jun 2021
Instructors
Dr Adrian Cutajar
Duration
2 Afternoons
Course Level
Certificate of Attendance
Requirements
No specific pre-course requirements
Certification
Certificate of Attendance

This 8-hour programme, spread over two sessions, focuses on the obligations of directors of Maltese companies. The main aim of the course is to provide a good understanding of the legal principles relevant to directors and a practical context to each of them. The programme will include case studies designed to reinforce key topics addressed throughout the two sessions.

 

 

Course sessions (2 Afternoons):  14.00 – 18.00

Our trainer is a Lawyer and Consultant specialising in Company Law

Refreshments and Course Notes included.

 

Who is it for?

The course is suited to directors, prospective directors, company secretaries, corporate office and company administrators.

 

What will I gain?

Acting as a director of a Maltese company and the ensuing obligations are very challenging. Through this programme you will gain a good understanding of the legal and corporate obligations associated with the office of director, what to expect during board meetings and how best to manage difficult situations which may arise during directors’ meetings.

Course programme – Two Sessions - An assessment will be given at the end of the training programme.

 

(1)     The sources of the directors’ obligations under Maltese Law

-          The Companies Act (Cap. 386 of the Laws of Malta)

-          The Memorandum and Articles of Association

-          The Interpretation Act (Cap. 249 of the Laws of Malta)

-          Letters of Engagement – Terms of engagement vs Terms of Employment

-          Ad-hoc legislation (focus on financial services, gaming and listing rules)

-          Other sources

 

(2)     The office of Director

-          Who can act as Director of a Maltese Company?

-          Can a foreigner who resides outside Malta act as a Director of a Maltese company?

-          Qualifications and Disqualifications/Fitness and Properness criteria

-          When should a person refuse to be appointed as director or otherwise resign as a director?

-          Key duties and responsibilities – The Management and Administration of the Company

-          The legal and judicial representation of the Company

-          Ad hoc legislation – Clear responsibilities/onerous obligations – Income Tax/VAT/FSS/Occupation Health & Safety

-          Executive vs Non-Executive Director – Decision making vs oversight

-          The Shadow Director – Who are they?

-          Regulated entities – Is the role of the director the same?

-          Multiple directorships

 

(3)     The director’s appointment and the appointment instrument

-          Appointment upon incorporation of the Company

-          Shareholders’ Approval

-          Director’s appointment instrument

-          Directors’ and Officers’ Liability Insurance

-          The Form K

-          Personal Questionnaire

 

(4)     The termination of the appointment

-          Resignation

-          Removal

-          The appointment of a liquidator or special administrator

 

(5)     Dealing with conflicts of interest

-          How should a director address conflicts of interest?

-          Declaration of Interests

-          Disclosure and documentation of conflicts of interest

-          Conflicts of interest policy

 

(6)     The Board Meeting

-          The notice of a board meeting and the agenda

-          The analysis of the board pack

-          Practical role of the director during the Board Meeting

-          Communication with Chairman and Company Secretary

-          Board resolutions/Action points follow-up

 

(7)     The director’s role in general meetings

-          Annual vs Extraordinary General Meetings

-          Director’s relationship with shareholders

-          Can a director call a general meeting?

-          Shareholders’ Interests vs Interests of the Company 

 

 

Course Fee: €250

 

Course Funding:

eu funds jobsplus

 

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*Disclaimer: Kindly note scheduled dates and times are subject to change. We will do our best to avoid re-scheduling, however, in the unlikely event that this occurs, new dates/times will be discussed with applicants.

 

Course Schedules

  14 Dec 2020 - 15 Dec 2020 €250.00
   DATE FROM TILL
   14 Dec 20 14:00 18:00
   15 Dec 20 14:00 18:00

  18 Jan 2021 - 19 Jan 2021 €250.00
   DATE FROM TILL
   18 Jan 21 14:00 18;00
   19 Jan 21 14:00 18:00

  08 Feb 2021 - 09 Feb 2021 €250.00
   DATE FROM TILL
   08 Feb 21 14:00 18:00
   09 Feb 21 14:00 18:00

  15 Mar 2021 - 16 Mar 2021 €250.00
   DATE FROM TILL
   15 Mar 21 14:00 18:00
   16 Mar 21 14:00 18:00

  12 Apr 2021 - 13 Apr 2021 €250.00
   DATE FROM TILL
   12 Apr 21 14:00 18:00
   13 Apr 21 14:00 18:00

  10 May 2021 - 11 May 2021 €250.00
   DATE FROM TILL
   10 May 21 14:00 18:00
   11 May 21 14:00 18:00

  21 Jun 2021 - 22 Jun 2021 €250.00
   DATE FROM TILL
   21 Jun 21 14:00 18:00
   22 Jun 21 14:00 18:00

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