Companies Act (Cap. 386)

Companies Act (Cap. 386), article 246

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246. (1) The liquidation committee shall consist of not more than five creditors of the company elected by the meeting of creditors. (2) Where the meeting of creditors does not appoint a liquidation committee, the meeting of contributories may appoin t one of their members to make an application to the court for an order to the liquidator that a further meeting of creditors be summoned for the purpose of appointing a liquidation committee. (3) If the meeting of creditors so summoned does not appoint a liquidation committee, the meeti ng of contributories may do so. (4) The committee shall then con sist of not less than three and not more than five contributories elected by that meeting. (5) The committee shall meet at such times as they may from time to time determine, and, fa iling such appointment, at least once every six months, and the liquidator or any member of the committee may also call a meeting of the committee as and when he thinks necessary. (6) A meeting of the committee may not be held unless a majority in number of the committee is present and decisions sh all be taken by a majority in number of the members present at the meeting. (7) A member of the committee may resign by notice in writing signed by him and delivered to the liquidator. (8) If a member of the committee is absent from five consecutive meetings of the committee without the leave of thos e members who together with hims elf represent the creditors or contributories, as the case may be, his office shall thereupon COMP ANIES [CAP. 386. 165 become vacant. (9) A member of the committee may be removed by a resolution of a meeting of the creditors, if he represents cred itors, or by a resolution of a meeting of the contributories, if he represents contributories, in accordance with article 298: Provided that at least seven days’ notice of the meeting has been given, stating the object of the meeting. (10) On a vacancy occurring in t he committee, the liquidator shall forthwith summon a meeting of creditors or contributories , as the case may require, to fill t he vacancy, and the meeting may, by resolution, re-appoint the same or appoint another creditor or contributory to fill the vacancy: Provided that if the liquidator, having regard to the state of the winding up, is of the opinion that it is unnecessary for th e vacancy to be filled he may apply to the court and the court ma y make an order that the vacancy shall not be filled, or shall no t be filled except in such circumstan ces as may be specified in the order. (11) The continuing members of the committee, if not less than two, may act notwithstanding any vacancy in the committee. Powers of official receiver where there is no committee.

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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.