Duty on Documents and Transfers Act (Cap. 364)
Duty on Documents and Transfers Act (Cap. 364), article 44
44. Where any person fails to produce to the Commissioner, or
to the officer referred to in article 19, any document chargeab le
with duty, or, where the document is protected by professional
secrecy, the abstract of the document referred to in article 19 (4), it
shall be presumed that duty on such document has not been paid
and it shall then be lawful for the Commissioner to proceed wit h
the collection of dut y and penalty in acco rdance with this Act.
Transferees causa
mortis to give
notice.
Substituted by:
IV . 2011.39.
Amended by:
III. 2013.38.
45.(1)( a) A person to whom an interest in a partnership
registered in Malta or shares in a company registered
in Malta, are transmitted causa mortis (hereinafter in
this article referred to as a "transferee causa mortis "),
shall not later than such term after the happening of the
transfer causa mortis as may be prescribed, give notice
to the Registrar of Companies.
DUTY ON DOCUMENTS AND TRANSFERS [CAP. 364. 43
(b) A transferee causa mortis of shares held in a company
which is registered in a jurisdiction outside Malta or of
interests in a partnership registered outside Malta,
having, directly or indirectly, more than 50% of its
business interests in Malta, where the transferee causa
mortis is ordinarily resident and domiciled in Malta,
shall, not later than such term after the happening of
the transfer causa mortis as may be prescribed, give
notice thereof to t he Commissioner:
Provided that the provi sos to article 47(3)( e) shall
apply mutatis mutandis to the interpretation of the
term "business interests in Malta".
(2) The notice referred to in sub-article (1) shall contain such
particulars of the person from whom the transfer causa mortis
originates and of the transferee causa mortis , the details of the
shares or interest being the object of the transfer and the man ner in
which the shares or interest devolved on the transferee causa
mortis , as may be prescribed.
(3) The Registrar of Companies sh all register the notice referre d
to in sub-article (1)( a) in a register which shall be open to public
inspection, and which shall be kept and indexed in such manner as
may be prescribed.
Liability of
brokers, agents,
etc., executing
purchases, etc., of
marketable
securities either in
Malta or abroad.
Amended by:
XVI. 1994.11.
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.