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