Companies Act (Cap. 386)
Companies Act (Cap. 386), article 274
274. (1) Subject to the provisions of article 276, as soon as the
affairs of the company are fully wound up, the liquidator shall
make an account of the winding up, showing how the winding up
has been conducted and how the property of the company has been
disposed of and shall draw up a scheme of distribution indicating
the amount due in respect of each share from the assets of the
company, where applicable, and he shall cause the account to be
audited by one or more auditors appointed by ordinary resolution of
the company, or in default by the court. The liquidator shall
thereupon call a general meeting of the company for the purpose of
laying before it the account and scheme of distribution, if any,
together with the auditors’ report, and giving any explanation
thereof.
(2) Within seven days after the meeting, the liquidator shall
send to the Registrar a copy of the account and of the scheme of
distribution, if any, together with the auditors’ report, and shall
make a return to him of the holding of the meeting and of its date,
and if the copy is not sent or the return is not made in accordance
with this sub-article the liquidator shall be liable to a penalty, and,
for every day during which the default continues, to a further
penalty:
Provided that, if a quorum is not present at the meeting, the
liquidator shall, in lieu of the return mentioned in this sub-article,
make a return that the meeting was duly summoned and that no
quorum was present thereat, and upon such a return being made the
provisions of this sub-article as to the making of the return shall be
deemed to have been complied with.
(3) If the liquidator fails to call a general meeting of the
company as required by this article, he shall be liable to a penalty.
(4) The provisions of article 153 shall apply to an auditor
appointed in terms of sub-article (1). Such auditor shall not be a
person who has held the office of auditor of the company at any
time during the last three years immediately preceding the date of
dissolution.
Striking company’s
name off the
register.
Amended by:
XXIV. 1995.362.
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.