Companies Act (Cap. 386)
Companies Act (Cap. 386), article 300A
300A. (1) Where in the course of the winding up of a company
the liquidator has not taken into account any asset of the comp any,
and the name of the company has been struck off the register, a ny
interested person may, by an application, request the Court to order
the rectification of the scheme of distribution, and the Court may,
where it considers it appropriate , order such rectification und er
those terms and conditions it may deem fit.
(2) Where a company has made a distribution to its
shareholders pursuant to a scheme of distribution and the name of
such company has been struck off the register, any creditor who se
claim against the company has not been satisfied may, by an
application, claim what is due to him from the shareholders of the
company pro rata to the amount received by the shareholders upon
the distribution, and the Court may, where it considers it
appropriate, order that payments be made by the shareholders to
such creditor under those terms and conditions it may deem fit:
Provided that in no case shall a shareholder be required to
contribute an amount exceeding that received by him upon
distribution.
(3) No application may be made under this article after the
expiration of five years from the date on which the name of the
company has been struck off the register.
Restoration of
company name on
register.
Added by:
IV . 2003.117.
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.