Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 312D
312D. In a decree upholding the demand for the issue of a
warrant of seizure of a going concern, the court -
(a) shall order the Registrar to appoint such experts
according to artic le 89 who may be required to:
(i) enlist and evaluate all the assets of the going
concern;
(ii) file a report whether or not, considering the debt
of the going concern, such going concern should
be sold or put under administration for a period
of time during which it could pay back its debts;
and
(b) appoint a short and peremptory time for the filing of
such appraisements and report and give such orders as
may be necessary for the carrying out of these
instructions:
Provided that where the enlis ting and the appraisement of
the whole complex would have already been made in the
proceedings of a precautionary w arrant of seizure of a going
concern, the court shall adopt same and only appoint experts to file
a report whether the going concern should be sold or put under
administration.
Appointment of
application for
hearing.
Added by:
XIV .2006.17.
Re-numbered by:
VII.2007.30.
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.