Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 848B
848B. (1) When a demand is made for the issue of this warrant
the court shall, after hearing the parties, appoint an administ rator
and in order to effect such action it shall consider whether to allow
the going concern to continue being run by the debtor or by suc h
persons as may be entrusted by th e debtor with the assistance o f the
administrator, or that an administrator is appointed who in the
opinion of the court has the necessary qualifications to run and
administer the going concern on his own.
(2) The court shall appoint an expert under article 89 and
establish a short and peremptory time within which there shall be
filed an itemized list, to be confirmed on oath, of the value o f the
whole property forming the capital of the commercial going
concern.
(3) The appointed administrator shall be responsible for the
commercial going concern and sh all have the right to sell and
administer the ordinary running of the concern provided that fo r
any decision of an extraordinary nature he shall file a demand in
court for the granting of such authorisation.
(4) The administrator may, if he is of the opinion that the goin g
concern will incur a market loss in its value, demand the court
either to authorise him to sell the whole going concern or any part
thereof.
(5) The administrator appointed under this article shall have th e
right to such payment as the court may, in its discretion, be o f the
opinion that is due to him in cons ideration of the value of the going
concern and of the activity undertaken with regard to the runni ng of
the business.
Amended by:
XIV .2006.95.
Sub-title IV
OF THE GARNISHEE ORDER
Precautionary
garnishee order.
Amended by:
IX.1886.104;
XXVII.1977.5;
XIV .2006.96.
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.