Companies Act (Cap. 386)

Companies Act (Cap. 386), article 300B

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300B. (1) Where a company has been struck off the register, any interested person may, by an application, request the Court to order that the name of the company be restored to the register and th e winding up be reopened. (2) Where, on an application made in terms of sub-article (1), the Court is satisfied that the winding up and striking off of the company has been vitiated by fraud or illegality of a material nature, the Court may order that the name of the company be restored to the register and the winding up be reopened for suc h 184 CAP. 386.] COMP ANIES purposes and such period as the Court shall specify in its deci sion, and the Court shall give such directives and impose such condit ions as it may consider appropriate. (3) The Court shall only accede to the application where it is satisfied that this is the only remedy available. ( 4 ) I n i t s d e c i s i o n t h e C o u r t s h a l l a l s o d e t e r m i n e w h e t h e r i t s orders and directives shall be effective in favour of all perso ns or shall apply limitedly to specifi ed persons indicated in the dec ision. (5) 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 struc k off the register. Chapter II - Proof an d ranking of claims Debts of all descriptions may be proved.

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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.