Companies Act (Cap. 386)
Companies Act (Cap. 386), article 283
283. (1) In the event of the winding up continuing for more
than twelve months, the liquidato r shall summon a general meeti ng
of the company and a meeting of t he creditors at the end of the first
period of twelve months from the commencement of the winding
up, and of each succeeding period of twelve months, or at the f irst
convenient date within three months from the end of the period of
twelve months, or within a longer term as the Registrar may all ow,
and shall lay before the meeti ngs an account of his acts and
dealings and of the conduct of the winding up during the preced ing
twelve months, includi ng a summary of recei pts and expenditure.
(2) If the liquidator fails to comply with the provisions of sub -
article (1), he shall be liable to a penalty.
(3) A member or members holding not less than one tenth of
the paid up share capital having the right to vote at general
meetings of the company or a creditor or creditors representing not
less than one tenth in value of the company creditors may, at a ny
time, by request in writing require the liquidator to convene a
general meeting of the company, or a creditors’ meeting, as the case
may be. Such request shall be signed by such member or members,
or such creditor or creditors, a s the case may be, and shall st ate the
objects of the meeting.
Final meetings.284. (1) As soon as the affairs of the company are fully wound
up, the liquidator shall make an account of the winding up, sho wing
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 amo unt 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 o r more auditors appointed by
resolution of the creditors, or in default by the court. The li quidator
shall thereupon call a general meeting of the company and a
meeting of the creditors for the purpose of laying the account and
scheme of distribution, if any, together with the auditors’ rep ort,
before the meetings and giving any explanations thereof.
(2) Within seven days after the da te of the meetings or , if the
meetings are not held on the same date, after the date of the l ater
meeting, the liquidator shall send to the Registrar a copy of t he
account and of the scheme of distr ibution, if any, together wit h the
auditors’ report, and shall make a return to him of the holding of
the meetings and of their dates; and if the copy is not sent or the
178 CAP. 386.] COMP ANIES
return is not made in accordance with this sub-article the liqu idator
shall be liable to a penalty, and, for every day during which t he
default continues, to a further penalty:
Provided that, if a quorum is not present at either such
meeting, the liquidator shall, i n lieu of the return mentioned in this
sub-article, make a return that the meeting was duly summoned a nd
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, in respect of that meeting, be deemed to have bee n
complied with.
(3) If the liquidator fails to call a general meeting of the
company or a meeting of the creditors as required by this artic le, he
shall be liable to a penalty.
(4) The provisions of article 274(4) shall apply to an auditor
appointed in terms of sub-article (1).
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.