Companies Act (Cap. 386)

Companies Act (Cap. 386), article 348

Official PDF on legislation.mt

348. (1) One or more experts acting on behalf of each of the amalgamating companies, but independent of them and approved by the Registrar, shall examine the draft terms of the merger and draw up a written repor t to the shareholders. (2) The report shall specify whether the share exchange ratio is fair and reasonable and to this effect it shall - (a) indicate the method or methods used to arrive at the share exchange ra tio proposed; and (b) state whether such method or methods are adequate in the case in question, indicating the values arrived at using each such method and giving an opinion on the relative importance attributed to such method or methods in arriving at the value decided on. (3) The report shall describe any special valuation difficulties which have arisen. (4) Each expert shall be entitled to obtain from the amalgamating companies all relevant information and documents and to carry out all necessary investigations. (5) One or more independent exp erts may be appointed to draw up a joint report for all the amalgamating companies by the Registrar at the joint request of the companies involved. (6) The provisions of this artic le shall not apply if all the shareholders of all the companies involved in the amalgamation 220 CAP. 386.] COMP ANIES have so agreed. Documents which shareholders of amalgamating companies are entitled to inspect. Amended by: IX. 2008.34; XIX. 2010.39; XLVI.2021.60.

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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.