Companies Act (Cap. 386)
Companies Act (Cap. 386), article 303
303. (1) Every privilege, hypothec or other charge, or transfer
or other disposal of property or rights, and any payment, execu tion
or other act relating to property or rights made or done by or
against a company, and any obligation incurred by the company
within six months before the dissolution of the company shall be
deemed to be a fraudulent preference against its creditors whet her
it is of a gratuitous nature or an onerous nature if it constit utes a
transaction at an undervalue or if a preference is given, unles s the
person in whose favour it is made, done or incurred, proves tha t he
did not know and did not have reason to believe that the compan y
was likely to be dissolved by r eason of insolvency, and in the event
of the company being so dissolved every such fraudulent
preference shall be void.
(2) For the purposes of this article -
(a) a company enters into a transaction at an undervalue
if:
(i) the company makes a gift or otherwise enters
COMP ANIES [CAP. 386. 185
into a transaction on terms that provide for the
company to receive no consideration, or
(ii) the company enters i nto a transaction for a
consideration the value of which, in money or
money’s worth, is significantly less than the
value in money or money’s worth of the
consideration provided by the company;
(b) a company gives a prefe rence to a person if:
(i) that person is one of the company’s creditors or
a surety or guarantor for any of the company’s
debts or other liabilities; and
(ii) the company does anything or suffers anything
to be done which, in eithe r case, has the effect of
putting that person into a position which, in the
event of the company going into insolvent
winding up, will be better than the position he
would have been had that act or omission not
occurred.
Liabilities and
rights with respect
to fraudulent
preferences.
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.