Companies Act (Cap. 386)

Companies Act (Cap. 386), article 232

Official PDF on legislation.mt

232. (1) In the case of a first meeting of creditors or of an adjournment thereof a person shall not be entitled to vote as a creditor unless he has duly lodged with the liquidator, not lat er than the time mentioned for that purpose in the notice convening the meeting or adjourned meeting, a proof of the debt which he claims to be due to him from the company. (2) In the case of a subsequent meeting of creditors held in a winding up by the court, a person shall not be entitled to vote as a creditor unless he has lodged w ith the liquidator a proof of th e debt which he claims to be due to him from the compan y and such proo f has been admitted wholly or in part before the date on which th e meeting is held. (3) The chairman as provided for in article 297(3) shall have power to admit or reject a creditor’s proof of his debt for the purpose of voting, but his decision shall be subject to appeal to the court. If he is in doubt whether a creditor’s proof of his debt shall be admitted or rejected, the chairman shall mark it as objected to and allow the creditor to vote, subject to the vote being decla red invalid in the event of the objection being sustained. (4) A guarantor of a debt owed by the company shall not be deemed a creditor for the purpos es of this Title unless he has discharged the guaranteed debt in full. Notice of first meeting to officers of company.

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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.