Updates
Amendments to the Warrant of Seizure
Act XII of 2009 came into force on the 31st July 2009 and with it came the introduction of many amendments to Warrants of Seizure of Movable Property. Even though by way of Act XIV of the warrant of seizure was renamed as Warrant of Seizure of Movable Property all the sections therein had remained the same and it is only this Act that has wholly amended the Warrant of Seizure.
By way of these amendments the warrant of Seizure of Movable Property shall now contain court orders as to the date, time and place of the judicial sale by auction. Therefore the Court will either appoint the date, time and place for the judicial sale to take place and then the subsequent seizure and removal of the movables or the Court will first order the seizure of the objects and subsequently the date, time and place for judicial auction to take place which date shall be fixed following consultations between the court executing officer, advocate or LP and in consultation with the executing officer responsible for appointing judicial sales. A consignee is to be appointed together with the filing of the warrant which warrant can also be executed on shares in commercial partnerships, licences issued by a competent authority, insurance policies and credit securities.
A new measure intruded by the amendments is that if after two attempts to execute the warrant the court executing officer fails to effect execution he shall be authorised to order that the place is forced open.
A new introduction is that the creditor, debtor or any interested party may demand the court executing officer to take any photograph or filmshot of the detained objects.
When executing the warrant the court executing officer is, by law, bound to collect the full amount due to the creditor by the debtor thus no part payments may be made as was common practise.
Even though these amendments came into force no new prescribed form has yet been printed out!
By way of Act XII of 2009 a precautionary garnishee order may also be filed when filing an official letter in terms of Art 166A.
Act XII of 2009 saw the introduction of precautionary acts remaining in force for a period of fifteen days after the cause becomes a res judicata after which the creditor may file a note in the acts of the same warrant demanding an extension or reduction of the effects of the warrant, which note shall be served on the debtor.
A warrant of arrest of sea vessels may now de demanded in security of a debt or claim amounting to not less than €7000 – it was previously €11600.
Amendments to the Copyright Act
The Copyright Act has been amended and brought in line with Malta’s obligations arising from the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). For more details please see this article published in the Business Section of the Times of Malta, by Jeanine Rizzo.