Companies Act (Cap. 386)
Companies Act (Cap. 386), article 186
186. (1) The share capital of a company may be denominated
in any currency which is a conver tible currency within the mean ing
assigned to it by the Central Bank of Malta Act, and, for the
purposes of this Chapter, the euro shall be a convertible curre ncy.
(2) A company may by extraordinary resolution change the
currency in which its share capit al is expressed, and for this
purpose the conversion rules set out in the Eighth Schedule sha ll
apply in respect of a ny company other than an investment compan y
with variable share capital.
(3) For the purposes of applyi ng the provisions of this Act
relating to minimum share capital, share capital expressed in a
currency other than euro shall be calculated on the basis of th e euro
equivalent at the date of -
(a) the registration of the memorandum, in the case of
formation of a company; or
(b) the registration of the extraordinary resolution, in the
case referred to in sub-article (2); or
(c) the registration of the extraordinary resolution
effecting a reduction of the issued share capital, in the
case where a company reduces its issued share capital.
(4) Without prejudice to the provisions of article 83, a copy of
the extraordinary reso lution referred to in sub-article (2) sha ll be
delivered to the Registrar for registration and shall not be ef fective
until it is so registered.
(5) The exchange rate to be used shall be the average of the
buying and selling rates prevailing at the date of registration
referred to in sub-article (3), as the case may be.
(6) An investment company with variable share capital may
only change the currency in which its share capital is expresse d by
complying with such conversion rules as may be prescribed by th e
Minister under article 188.
130 CAP. 386.] COMP ANIES
Accounts in any
convertible
currency.
Amended by:
IV . 2003.83;
L.N. 425 of 2007;
IX. 2008.28;
XX. 2013.85.
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.