Companies Act (Cap. 386)
Companies Act (Cap. 386), article 154
154. (1) The auditors of a company shall have a right of access
at all times to the company’s accounting records, accounts and
vouchers, and shall be entitled to require from the company’s
officers such information and explanations as they think necess ary
for the performance of their duties as auditors.
(2) An officer of a company who knowingly or recklessly
makes to the company’s auditors a statement, whether written or
oral, which:
(a) conveys or purports to convey any information or
explanations which t he auditors require, or are entitled
to require, as auditors of the company; and
(b) is misleading, false or deceptive in a material
particular,
shall be guilty of an offence and liable on conviction to a fin e
(multa) of not more than four thousand and six hundred and fifty-eigh t
euro (€4,658) or to imprisonment for a term not exceeding six m onths
or to both such fine and imprisonment.
(3) A subsidiary undertaking which is registered in Malta, and
the auditors of such an undertaking, shall give to the auditors of
any parent company of the subsidiary undertaking such informati on
and explanations as they may reasonably require for the purpose s
of their duties as auditors of that company. If a subsidiary
undertaking fails to comply with the provisions of this sub-art icle,
every officer thereof who is in default shall be liable to a pe nalty;
and if an auditor fails without reasonable cause to comply with this
sub-article he shall be liable to a penalty.
(4) A parent company having a subsidiary undertaking which is
not registered in Malta shall, i f required by its auditors to d o so,
take all such steps as are reasonably open to it to obtain from the
subsidiary undertaking such information and explanations as the y
may reasonably require for the purposes of their duties as audi tors
COMP ANIES [CAP. 386. 103
of that company. If a parent company fails to comply with the
provisions of this sub-article, every officer of the company wh o is
in default shall be l iable to a penalty.
Right to attend
company meetings.
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.