Companies Act (Cap. 386)

Companies Act (Cap. 386), article 288

Official PDF on legislation.mt

288. (1) The liquidator may - (a) in the case of a members’ voluntary winding up, with the sanction of an extraordinary resolution of the company, and, in the case of a creditors’ voluntary winding up, with the sanction of the court or of the liquidation committee or, if there is no such committee, of a meeting of the creditors, exercise any of the powers given by article 238(1)( c), (d) and ( e) to a liquidator in a winding up by the court; (b) without sanction, exercise any of the other powers given by this Act to a liquidator in a winding up by the court; (c) exercise the power of the court under this Act of drawing up a list of contributories, which list shall be prima facie evidence of the liability of the persons named therein to be contributories; (d) exercise the power of t he court of making calls; (e) summon general meetings of the company for the purpose of obtaining the sanction of the company by extraordinary resolution or for any other purpose he may think fit. (2) The liquidator shall pay the debts of the company and shall adjust the rights of the contributories among themselves. (3) More than one person may be appointed to exercise the function of liquidator of a company. Where more than one liquidator is appointed, any power given by this Act may be exercised by one or mo re of them as may be determined at the ti me of their appointment, or in default of such determination, by a ny two of them acting jointly. (4) Subject to the provisions of article 305, the acts of a liquidator shall be valid notwithstanding any defects that may afterwards be discovered in his appointment. Powers of the court to remove liquidators. Amended by: IV . 2003.113.

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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.