Companies Act (Cap. 386)

Companies Act (Cap. 386), article 309

Official PDF on legislation.mt

309. (1) If any person, being a past or present officer of a company - (a) does not to the best of his knowledge and belief fully and truly reveal to the liquidator all the property, movable and immovable, cor poreal or incorporeal, of the company, and how and to whom and for what consideration and when the company disposed of any part thereof, except such part as has been disposed of in the ordinary course of the business of the company; or (b) does not deliver up to the liquidator, or as the liquidator directs, all or such part of the property of the company as is in his custody or under his control, and which he is required by law to deliver up; or (c) does not deliver up to the liquidator, or as the liquidator directs, all acc ounts, accounting records and documents in his custody or under his control belonging to the company and which he is required by law to deliver up; or (d) makes any material omission in any statement relating to the affairs of the company; or (e) knowing or believing that a false debt has been proved by any person in the winding up, fails for the period of one month to inform the liquidator thereof; or (f) after the dissolution of the company prevents the production of any book or paper affecting or relating to the property or affairs of the company; or (g) after the dissolution of th e company or at any meeting of the creditors of the company within twelve months immediately preceding the di ssolution of the company attempts to account for any part of the property of the company by fictitious losses or expenses, he shall be guilty of an offence and liable on conviction to a fine (multa) of not more than two hundred and thirty-two thousand and nine hundred and thirty-seven eur o (€232,937), or to imprisonme nt for a term not exceeding five years, or to both such fine ( multa) and imprisonment if, at the time of t h e c o m m i s s i o n o f t h e a l l e g e d offence, the company is being wound up, whether by the court or COMP ANIES [CAP. 386. 189 voluntarily, or if, subsequent to the commission of the alleged offence, the company is dissolved in accordance with the provisions of article 214. (2) For the purposes of this art icle, the expression "officer" shall include any person in acco rdance with whose directions or instructions the directors of a company have been accustomed to act. Defence to a charge under article 309.

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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.