Can I be personally liable for my company’s debts as a director?
  • Home
  • Questions
  • Can I be personally liable for my company’s debts as a director?

Can I be personally liable for my company’s debts as a director?

1 answer

Answer to the question

0
0
2

08.08.2026

I’m a director of a small limited company in Malta that has been struggling financially and is now behind on payments to a supplier. The supplier is threatening to come after me personally rather than just the company. I thought the whole point of a limited company was that my personal assets were protected. Is that not always true?

Site Administration 11.08.2026
reply date: 11.08.2026

Limited liability under the Companies Act, Chapter 386 of the Laws of Malta, generally does protect a director's personal assets from ordinary company debts, since the company is a separate legal entity from its directors and shareholders. However, that protection is not absolute: directors can face personal liability in specific circumstances, such as trading while insolvent without taking appropriate steps, fraudulent trading, breaches of directors' duties that cause loss to the company or creditors, or giving personal guarantees for company debts, which are common when a company is newly formed or under financial strain. Review carefully whether you personally guaranteed any obligations to this supplier, as that would be the most direct route to personal liability. If the company is genuinely insolvent, it is important to take proper advice quickly regarding your duties, since continuing to trade irresponsibly once insolvency is apparent is one of the main ways directors expose themselves to personal claims.

Похожие вопросы

Do I need MFSA licensing just to provide company formation services?

1 answer
07.08.2026
I want to start a small business in Malta helping foreign entrepreneurs set up local companies, essentially preparing documents and liaising with the registry on their behalf. Someone mentioned I might need a licence for this. Is that actually the case, or is this just general business consultancy?
0
0
2

How do I legally change my company’s registered address?

1 answer
11.07.2026
I run a small company in Malta and I'm relocating my office from Gzira to a new address in Msida. I know I need to update this somewhere official but I'm not sure exactly what the process is or whether there's a deadline.
0
0
2

Can my Maltese company be sued abroad over a contract signed here?

1 answer
27.07.2026
My Maltese company entered into a supply contract with a business based in another EU country, and the contract itself is silent on which country's courts would handle disputes. They are now threatening to sue us in their home country instead of Malta. Can they actually do that?
0
0
2

Do I need to file an annual return even if my company had no activity?

1 answer
16.07.2026
I registered a company in Malta two years ago but it has been completely dormant, no income, no expenses, nothing. I assumed I didn't need to file anything since there was nothing to report. I recently got a letter mentioning penalties. Was I supposed to file something anyway?
0
0
0

What’s the difference between a voluntary winding up and being struck off?

1 answer
26.06.2026
My company in Malta has finished its purpose and I want to close it down properly rather than just letting it go dormant and risk penalties. I've seen references to both 'winding up' and being 'struck off' and I'm not sure which applies to my situation or what the actual difference is.
0
0
0
Show all