Companies Act (Cap. 386)
Companies Act (Cap. 386), article 170
170. (1) If at the end of an accounting period a company is a
parent company the directors shall, as well as preparing the
individual accounts for that company, also prepare consolidated
accounts.
(2) A parent company and all of its subsidiary undertakings
shall be undertakings to be consolidated regardless of where th e
registered offices or principal offices of such subsidiary
undertakings are situated.
(3) A subsidiary undertaking may be excluded from
consolidation if its inclusion is not material for the purpose of
giving a true and fair view; but two or more subsidiary
undertakings may be excluded only if their inclusion is not mat erial
when taken together.
(4) A subsidiary undertaking may be excluded from
consolidation where -
(a) severe long-term restrictions substantially hinder the
exercise of the rights of the parent company over the
assets or management of that undertaking; or
(b) the interest of the parent company is held exclusively
with a view to subsequent resale and the undertaking
has not previously been included in consolidated
accounts prepared by the parent company; or
(c) in extremely rare cases , where the information
necessary for the preparati on of consolidated accounts
in accordance with the provisions of this Act cannot be
obtained without disproportionate expense or undue
delay.
The reference in paragraph ( a) t o t h e r i g h t s o f t h e p a r e n t
company and the reference in paragraph ( b) to the interest of the
parent company are, respectively, to rights and interests held by or
attributed to the company for the purposes of article 2(2) in t he
absence of which it would not be the par ent company.
(5) Where all the subsidiary und ertakings of a parent company
fall within the above exclusions, no conso lidated accounts shal l be
required.
114 CAP . 386.] COMP ANIES
Form and content
of consolidated
accounts.
Amended by:
IV . 2003.74;
IX. 2008.22;
XXXI. 2015.8;
XVIII.2025.19.
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.