Companies Act (Cap. 386)
Companies Act (Cap. 386), article 309
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.
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.