Code of Organization and Civil Procedure (Cap. 12)

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

Official PDF on legislation.mt

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.

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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.