Companies Act (Cap. 386)

Companies Act (Cap. 386), article 227

Official PDF on legislation.mt

227. (1) In a case where a winding up order is made, the official receiver shall, as soon as practicable after receipt o f the statement to be submitted under article 226 or, in a case where he or the court orders that no stat ement shall be submitted, as so on as practicable after the date of the order, carry out such investi gations as he may deem appropriate and submit to the court a preliminar y report, if any, as he thinks fit - (a) as to the amount of share capital issued, and paid up, and the estimated amount of the assets and liabilities; (b) if the company has failed, as to the causes of the failure; and (c) whether in his opinion further enquiry is desirable as to any matter relating to the promotion, formation or failure of the company or the conduct of the business thereof. (2) The official receiver may al so, if he thinks fit, make a further report, or further reports, stating the manner in which the company was formed and whether in his opinion any fraud has bee n committed by any person in its promotion or formation or by any officer of the company since the formation thereof, and any oth er matter which, in his opinion, is desirable to bring to the noti ce of the court. (3) If the official receiver states in any such further report t hat in his opinion a fraud has been committed as specified in sub- article (2), the court shall have the further powers provided i n article 260, without prejudice to the exercise of any other pow ers it may have. Chapter III - Liquidators in a winding up by the court Appointment and powers of provisional administrator.

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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.