Companies Act (Cap. 386)
Companies Act (Cap. 386), article 342
342. (1) An acquiring commercial partnership or, where a new
commercial partnership is formed , the new commercial partnershi p,
shall succeed to all the assets, rights, liabilities and obliga tions of
the commercial partnership or partnerships ceasing to exist,
without the requirement of any formalities other than those
required under this Title, and the said succession shall be effective
as regards third parties.
216 CAP. 386.] COMP ANIES
(2) Where the acquiring commercial partnership or the new
commercial partnership , as the case may be, is a partnership en nom
collectif , the unlimited liability of all the partners thereof shall als o
extend to the obligations of th e commercial partnership or
partnerships ceasing to exist.
(3) Where the acquiring commercial partnership or the new
commercial partnership as the case may be is a partnership en
commandite or limited partnership the unlimited liability of all the
general partners thereof shall also extend to the obligations o f the
commercial partnersh ip or partnerships ceasing to exist.
TITLE II - AMALGAMATION OF COMPANIES
Amalgamation in
the form of a
"merger by
formation of a new
company" or
"merger by
acquisition".
Amended by:
IV . 2003.128.
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.