Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 285

Official PDF on legislation.mt

285. (1) Seizure may be effected on any movable property including: (a) shares in commercial partnerships; (b) licences issued by any competent authority as may be established by regulations made by the Minister responsible for justice; (c) insurance policies; (d) credit securities and any intellectual or industrial property right: Provided that on such property the warrant shall have effect as from the date of the service on such authority or such perso n who would have issued such movable property. Any transfer made or burthen incumbent on such property after that date shall be ipso 94 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE jure null as from the date of the service of the certificate of seiz ure to such person or authority issuing same: Cap. 345. Cap. 204. Provided further that, in resp ect of any shares or securities registered at a central securities depository, as defined in te rms of article 2 of the Financial Markets Act, a warrant of seizure shall also be served on such central s ecurities deposit ory and shall take effect only if no transfer order or netting affecting the said shares or securities shall have been entered in a securities settlemen t system, authorized in terms of article 34 of the Central Bank of Malta Act , prior to the service of the warrant to the depository. (2) Where in any commercial partnership its statute attributes any right of preference with regard to the transfer of shares, the shareholders shall be informed o f the date when such sale is du e to take place and they may exercise the said right during that sal e. (3) When the judicial sale by auction of an insurance policy is due to take place, notice shall be given to the insurance compa ny of the date of such sale. Consignee. Added by: XIV .2006.14. Amended by: XII.2009.23.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.