Companies Act (Cap. 386)
Companies Act (Cap. 386), article 105
105. (1) A company shall not subscribe for any of its own
shares, whether on original subscription or on any subsequent
subscription, and if any of its shares have been subscribed for by a
person acting in his own name but on behalf of the company the
subscriber shall be deemed to have subscribed for them for his own
account.
(2) On the registration of a company, the subscribers to the
memorandum shall be jointly and severally liable to pay for the
shares subscribed in contravention of sub-article (1).
(3) In the case of an increase in the issued share capital, the
members and directors shall be liable jointly and severally to pay
for the shares subscribed in contravention of sub-article (1)
provided that any member or director may be released from such
liability if he proves that the breach occurred through no fault of
his own.
Conditions in
which a company
may acquire its
own shares.
Amended by:
IX. 2008.12;
XX. 2013.80;
XVIII.2024.7.
Cap. 476.
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.