Companies Act (Cap. 386)
Companies Act (Cap. 386), article 334
334. (1) The conversion of a comme rcial partnership shall not
take effect until three months from the date of the publication of the
statement referred to in article 401(1)( e) relating to the decision or
resolution approving the conversion.
(2) During the aforesaid period of three months any creditor of
the commercial partnership who se debt existed prior to the
publication of the statement referred to in sub-article (1) may by
sworn application object to the conversion and, if he shows goo d
cause why it should not take eff ect, the court sh all either uph old the
objection or allow the conversio n on sufficient security being
given.
(3) Without prejudice to the provisions of sub-article (2) any
partner or shareholder, as the case may be, of the commercial
partnership being converted, or the Registrar, shall have the r ight to
challenge the validity of the conversion only within the afores aid
period of three months by means of a sworn application.
(4) Where as a result of the proceedings for which provision is
made in sub-article (3), the cour t is satisfied that the conver sion is
not valid, the court shall di sallow the said conversion:
Provided that the court shall have the right to suspend its
decision disallowing the conversion and to grant time, which sh all
not be in excess of six months, to the commercial partnership i n
default, to remedy the default rendering the conversion invalid ; and
if the default is remedied within the time allowed the conversi on
shall take effect.
Commercial
partnership formed
succeeds
commercial
partnership ceasing
to exist.
Amended by:
IV . 2003.125;
XIX. 2010.35.
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.