Companies Act (Cap. 386)
Companies Act (Cap. 386), article 200
200. (1) The provisions of this article shall constitute the
requirements in respect of initi al accounts prepared for a prop osed
distribution by a public company.
(2) The accounts shall have been properly prepared, or they
shall have been so prepared subj ect only to matters which are n ot
material for determining, by refe rence to items mentioned in ar ticle
197(2), whether the proposed distribution would contravene the
relevant article of this Chapter.
(3) Article 199(3) and (4) shall apply as respects the meaning o f
"properly prepared".
(4) The company’s auditors shall have made a report stating
whether, in their opinion, the accounts have been properly
prepared, and sub-article (5) sha ll apply if their report is a qualified
report, that is to say it is not a report without qualification to the
effect that in the auditors’ opinion the accounts have been so
prepared.
(5) The auditors shall in the case referred to in sub-article (4 )
also have stated in writing, whe ther, in their opinion, the mat ter in
respect of which their report is qualified is material for
determining, by reference to items mentioned in article 197(2),
whether the distribution would contravene the relevant article of
this Chapter.
(6) A copy of the accounts, of the auditors’ report under sub-
article (4) and of the auditors’ statement, if any, under sub-a rticle
(5) shall have been deliv ered to the Registrar.
(7) If the accounts are, or the a uditors’ report under sub-artic le
(4) or their statement, if any, under sub-article (5), is in a language
138 CAP. 386.] COMP ANIES
other than Maltese or English, a translation into English or Ma ltese
of the accounts, the report or the statement, as the case may b e,
certified to be a correct translation in such manner as may be
prescribed, shall also have been delivered to the Registrar.
Method of
applying article
197 to successive
distributions.
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.