Companies Act (Cap. 386)

Companies Act (Cap. 386), article 298

Official PDF on legislation.mt

298. (1) (a) At a meeting of creditors a resolution shall be deemed to be passed when a majority in value of the creditors present personally or by proxy and voting on the resolution have voted i n favour of the resolution. (b) At a meeting of contributories a resolution shall be deemed to be passed when thr ee-fourths in value of the contributories present in person or by proxy and voting on the resolution, or a majority in value of all the contributories, have voted in favour of the resolution. The value of the contributories shall be determined according to the number of votes conferred on each contributory by the memorandum or articles of the 182 CAP. 386.] COMP ANIES company or, if the memorandu m and articles are silent, according to the value of th eir respective liabilities to contribute. (2) The provisions of this Act and of the memorandum or articles of the company with respect to proxies at general meet ings of the company shall apply to proxies at meetings of creditors and contributories, with such modifications and adaptations as may be required. (3) A copy of every resolution of a meeting of creditors or contributories in a winding up by the court shall be certified by the official receiver or the liquida tor, as the case may be, and fi led in the Registry of the Superior Courts. (4) Where a resolution is passed at an adjourned meeting of any creditors or contributories of a company, the resolution shall, for all purposes, be treated as having been passed on the date on which it was in fact passed, and shall not be deemed to have been passed at any earlier date. Other proceedings at meetings.

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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.