Companies Act (Cap. 386)
Companies Act (Cap. 386), article 279
279. (1) The creditors and the company at their respective
meetings mentioned in article 278 may nominate a person to be
liquidator for the purpose of winding up the affairs and distributing
the assets of the company. The nomination of a person as liquidator
by the creditors shall be made by a resolution of the creditors, and
the nomination by the company shall be made by an extraordinary
resolution of the company. If the creditors and the company
nominate different persons, the person nominated by the creditors
shall be liquidator, and if no person is nominated by the creditors
the person, if any, nominated by the company shall be liquidator.
(2) Where no person is nominated to act as liquidator by either
the creditors or the company, an application to the court for the
appointment of a liquidator shall be made by any director of the
company within fourteen days from the date for which the meeting
of the creditors referred to in article 278 was summoned, and the
appointment shall be made by the court.
(3) If default is made by the directors in complying with the
provisions of sub-article (2), every director who is in default shall
be liable to a penalty, and, for every day during which the default
continues, to a further penalty.
(4) A liquidator appointed in accordance with the provisions of
this article may be removed by a resolution of the creditors except
where he has been appointed by the court in terms of article 278 or
of this article.
(5) In this article, a resolution of the creditors shall have the
meaning assigned to it under article 298.
Liquidation
committee.
Amended by:
IV. 2003.110.
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.