Companies Act (Cap. 386)

Companies Act (Cap. 386), article 123

Official PDF on legislation.mt

123. (1) Every company shall keep a register of its members and shall enter therein th e following particulars: (a) t h e n a m e s a n d a d d r e s s e s o f t h e m e m b e r s a n d a statement of the shares held by each member, distinguishing each share by its number, so long as the share has a number, and of the amount paid or agreed to be considered as paid on the shares of each member; (b) the date at which each person was entered in the register as a member; and (c) the date at which any person ceased to be a member. (2) Where two or more persons hold one or more shares in a company jointly, they shall, for the purposes of this Act, be t reated as a single member; and, unless otherwise provided in the COMP ANIES [CAP. 386. 81 memorandum or articles, the name of only one of such persons shall be entered in the register of members. Such person shall be elected by the joint holders and shall for all intents and purp oses be deemed vis-à-vis the company to be the member of the company in respect of all the shares so held. (3) The register of members shall be kept at the registered office of the company or at such other place as may be specifie d in the memorandum or articles. (3A) Notwithstanding the provisions of this article, a company may make arrangements for the register of its members to be kept in a dematerialised form or represented in book-entry form as immobilisation with a central secu rities depository established in a recognised jurisdiction: Provided that the company shall remain responsible for the proper keeping of the register and shall keep a copy of all ent ries relating to registered shareholders held by the central securit ies depository . (4) If default is made in complying with any requirement of this article, every officer of the company who is in default sh all be liable to a penalty, and, for every day during which the defaul t continues, to a further penalty. Register of debentures. Amended by: XXXI. 2017.78.

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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.