Type of refusal
Non-delivery with a counterparty in Malta
In a non-delivery case, the party who failed to deliver is named in the subscription agreement, the transfer instruction, or the fund's registrar record. What is establishable now, without describing Malta's internal court process, is who that party is on paper and what the public register shows about it. See how non-delivery is treated across jurisdictions for the wider pattern.
Who is actually on the other side
The counterparty usually falls into one of three types. It may be a Maltese-registered company acting as issuer or custodian, a licensed collective investment scheme or its manager, or an intermediary that took instructions but never held the asset itself. Malta's Registry of Companies shows incorporation status, registered address, directors, and whether the entity has been struck off or is in liquidation. It does not show whether the entity actually holds the asset owed. Establishing that the asset exists abroad is a separate evidentiary question, and Malta's jurisdiction profile covers what else the registry discloses.
What to secure before the counterparty reacts
Before raising a formal demand, collect the subscription or purchase agreement, all delivery instructions, proof of the transfer or payment made, and any confirmation the counterparty gave that delivery was due. Screenshot the counterparty's current registry status and website, since both can change once a demand lands. Identify where the underlying asset or its proceeds actually sit. An incorporation address in Malta does not answer that question. Whether a written demand changes anything depends on what is already documented before it is sent. Structured claim work starts from this evidence.
Where a judgment would have to be enforced
Malta sits inside the EU regime, where judgments from other EU member states are recognised without exequatur, and the reverse holds too. Outside the EU, Malta is bound by the Hague Judgments Convention 2019 through the EU's accession, effective from 1 September 2023, for judgments within its scope. Documents for enforcement move through apostille, since Malta has applied the Apostille Convention since 1968. How a claim is actually filed and staged inside Malta depends on the specific file; that sequence sits outside the scope of this page. Enforcement routes into Malta and enforcement from Malta into the UK are covered separately, since neither mirrors the other. The firm does not work for a result-only fee, and its registration can be checked against the public register.