Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 848A

Official PDF on legislation.mt

848A. (1) A precautionary warrant of seizure of a commercial going concern may solely be issued to secure a debt or claims which could be frustrated by the sale in part or in whole of the said going concern and, for this purpose, no other warrant may be is sued against the going concern, unless it is this warrant of seizure . CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 233 (2) The effect of a precauti onary warrant of seizure of a commercial going concern is to pr eserve the totality of the ass ets of the going concern, including licences and good-will, to order t hat same is not sold in part or in w hole and are to be concurrently kept in business, provided that in any case the court shall not acce pt a demand for the issuing of a warrant if it is satisfied that the re are other means to safeguard the amount due. (3) The court shall not issue any such warrant unless it is satisfied that such warrant is necessary in order to protect th e rights belonging to applicant who, prima facie, appears to have such rights. (4) The provisions of articles 840, 842, 843, 844 and 848 shall apply to this warrant. Court to appoint administrator and expert. Added by: XIV .2006.94.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.