Companies Act (Cap. 386)
Companies Act (Cap. 386), article 211
211. (1) A private company shall have the status of an exempt
company if the conditions mentioned in sub-article (2) are
contained in its mem orandum or articles.
(2) The conditions required by sub-article (1) are -
(a) that the number of persons holding debentures of the
company is not more than fifty; and
(b) that no body corporate is a director of the company,
and neither the company nor any of the directors is
party to an arrangement whereby the policy of the
company is capable of being determined by persons
other than the directors, members or debenture holders
thereof.
(3) Companies referred to in sub-article (1) shall be exempt
from the requirements of artic le 138(7) and of article 144(1)( a); and
the proviso to article 183(2) shall apply.
( 4) A sole director of an exemp t company shall be entitled to
hold office as a company secretar y thereof during his directors hip.
(5) Where an exempt company has only one director, any
requirement of this Act that two directors of a company shall a ct,
shall be interpreted in relation to the exempt company as requi ring
one director to act.
Single member
companies.
Amended by:
IV . 2003.90;
XX. 2013.87.
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.