The Declaration of Solvency Form is a crucial document in Maltese corporate law, primarily used when a company intends to undergo voluntary winding-up proceedings or certain corporate restructuring activities. This declaration, mandated by the Companies Act (Chapter 386), requires company directors to make a formal statement about the company's financial position after conducting a thorough investigation of its affairs. The document must include comprehensive financial information, including a statement of assets and liabilities, projected cash flows, and details of all creditors. It must be sworn before a Commissioner for Oaths or Notary Public and subsequently filed with the Malta Business Registry. Making a false Declaration of Solvency is a serious offense under Maltese law, carrying significant penalties for the directors involved.
Declaration Of Solvency Form for Malta
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Declaration Of Solvency Form
"I need a Declaration of Solvency Form for our Malta-registered manufacturing company (MT Company Registration: 45678) which is planning a voluntary winding-up by March 2025, confirming our ability to pay all creditors within 6 months."
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1. Document Title and Reference: Clear identification of the document as a Declaration of Solvency Form with reference number
2. Company Details: Full legal name of the company, registration number, and registered office address
3. Declarant Information: Names, positions, and contact details of the directors/officers making the declaration
4. Declaration Statement: Formal statement declaring the company's ability to pay its debts in full within the specified period (typically 12 months)
5. Financial Position Summary: Brief overview of the company's current financial status
6. Verification of Full Inquiry: Statement confirming that a full inquiry into the company's affairs has been conducted
7. Signature Block: Space for signatures of declaring directors/officers
8. Witness Attestation: Section for witness (typically a notary or commissioner for oaths) to sign and stamp
1. Interim Financial Position: Additional section detailing any significant changes in financial position since the last annual accounts, used when the declaration date is not close to the last financial year-end
2. Contingent Liabilities Statement: Additional declaration regarding any contingent or prospective liabilities, used when the company has significant off-balance-sheet obligations
3. Group Company Declarations: Additional statements regarding solvency of group companies, used when the declaring company is part of a corporate group
4. Reason for Declaration: Statement explaining why the declaration is being made (e.g., voluntary winding-up, corporate restructuring), used when the declaration is part of a larger corporate action
1. Schedule A - Statement of Assets and Liabilities: Detailed list of company assets and liabilities as at the declaration date
2. Schedule B - List of Creditors: Comprehensive list of all company creditors, including amounts owed and payment terms
3. Schedule C - Projected Cash Flow: 12-month cash flow projection demonstrating ability to pay debts
4. Appendix 1 - Latest Financial Statements: Copy of the company's most recent annual financial statements
5. Appendix 2 - Independent Valuation Reports: Any relevant independent valuations of company assets (if applicable)
Authors
Relevant legal definitions
Company
Directors
Declaration Date
Relevant Period
Assets
Liabilities
Contingent Liabilities
Prospective Liabilities
Creditors
Debts
Full Inquiry
Independent Valuation
Malta Business Registry
Commissioner for Oaths
Statutory Declaration
Winding-up Resolution
Financial Statements
Balance Sheet Date
Group Companies
Secured Creditors
Unsecured Creditors
Preferential Creditors
Statement of Affairs
Liquidation
Directors
Declaration Date
Relevant Period
Assets
Liabilities
Contingent Liabilities
Prospective Liabilities
Creditors
Debts
Full Inquiry
Independent Valuation
Malta Business Registry
Commissioner for Oaths
Statutory Declaration
Winding-up Resolution
Financial Statements
Balance Sheet Date
Group Companies
Secured Creditors
Unsecured Creditors
Preferential Creditors
Statement of Affairs
Liquidation
Clauses
Company Identification
Declaration Statement
Financial Position
Debt Payment Capability
Asset Declaration
Liability Statement
Directors' Confirmation
Full Inquiry Confirmation
Creditor Disclosure
Payment Timeline
Statutory Compliance
Director Authority
Truth Verification
Witness Attestation
Document Authentication
Penalty Acknowledgment
Supporting Documentation
Financial Projection
Corporate Authorization
Legal Representation
Declaration Statement
Financial Position
Debt Payment Capability
Asset Declaration
Liability Statement
Directors' Confirmation
Full Inquiry Confirmation
Creditor Disclosure
Payment Timeline
Statutory Compliance
Director Authority
Truth Verification
Witness Attestation
Document Authentication
Penalty Acknowledgment
Supporting Documentation
Financial Projection
Corporate Authorization
Legal Representation
Relevant Industries
Financial Services
Corporate Services
Legal Services
Banking
Insurance
Investment Services
Gaming Industry
Maritime Industry
Professional Services
Manufacturing
Retail
Real Estate
Technology
Trading Companies
Relevant Teams
Legal
Finance
Corporate Secretarial
Compliance
Risk Management
Audit
Executive Management
Corporate Governance
Treasury
Relevant Roles
Chief Executive Officer
Managing Director
Finance Director
Company Director
Chief Financial Officer
Company Secretary
Legal Counsel
Corporate Lawyer
Financial Controller
Compliance Officer
Risk Manager
Audit Manager
Insolvency Practitioner
Corporate Restructuring Officer
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