Companies Act (Cap. 386)
Companies Act (Cap. 386), article 165
165. (1) At any time during a pe riod which is an accounting
reference period of a company by virtue of article 164 or 166 t he
company may give notice in the prescribed form to the Registrar
specifying a date in the calendar year ("the new accounting
reference date") on which that accounting reference period ("th e
current accounting reference period") and each subsequent
accounting reference period of the company is to be treated as
coming to an end or, as the case may require, as having come to an
end.
( 2 ) A t a n y t i m e a f t e r t h e e n d o f a p e r i o d w h i c h w a s a n
accounting reference period of a company by virtue of article 1 64
or 166 the company may give notice in the prescribed form to th e
Registrar specifying a date in the calendar year ("the new
accounting reference date") on which that accounting reference
period ("the previous accounting reference period") and each
subsequent accounting reference period of the company is to be
treated as coming or, as the case may require, as having come t o an
end.
(3) A notice under sub-article (2), shall, however -
(a) have no effect unless the company is a subsidiary
undertaking or parent company of another company
and the new accounting reference date coincides with
the accounting reference date of that other company;
and
(b) have no effect if the period allowed under article 182
for delivery of the annual accounts in relation to the
previous accounting period to be laid before the
company in general meeting has already expired at the
time when the notice is given.
(4) A notice under this article shall state whether the current or
previous accounting reference period of the company -
(a) is to be treated as shortened, so as to come to an end
or, as the case may require, be treated as having come
to an end on the new accounting reference date on the
first occasion on which that d ate falls or fell after the
beginning of tha t accounting reference period; or
(b) is to be treated as extended , so as to come to an end or,
as the case may require, be treated as having come to
an end on the new accounting reference date on the
second occasion on which tha t date falls or fell after
the beginning of that acco unting reference period.
(5) A notice which states tha t the current or previous
accounting reference period is to be extended shall have no eff ect if
the current or previous accountin g reference period, as extende d in
accordance with the notice, w ould exceed eighteen months.
COMP ANIES [CAP. 386. 111
(6) Subject to any direction given by the Registrar under sub-
article (7), a notice which stat es that the current or previous
accounting reference period is to be extended shall have no eff ect
unless -
(a) no earlier accounting reference period of the company
has been extended by virtue of a previous notice given
by the company under this article; or
(b) the notice is given not less than five years after the
date on which any earlier accounting reference period
of the company which was so extended came to an
end; or
(c) the company is a subsidiary undertaking or parent
company of another undertaking and the new
accounting reference date coincides with the
accounting reference date of that other undertaking.
(7) The Registrar may, if he thinks fit, direct that the provisi ons
of sub-article (6) shall not apply to a notice already given by a
company under this article or, as the case may be, in relation to a
notice which may be so given.
Consequence of
giving notice under
article 165.
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.