Companies Act (Cap. 386)
Companies Act (Cap. 386), article 354
354. (1) An amalgamation shall have the following
consequences:
(a) the acquiring company shal l succeed to all the assets,
rights, liabilities and obligations of the companies
being acquired, both as between the companies being
acquired and the acquiring company and as regards
third parties, without the requirement of any
formalities other than those arising under this Title;
(b) the shareholders of the companies being acquired shall
become shareholders of th e acquiring company; and
(c) the companies being acqui red shall cease to exist.
(2) No shares in the acquiring company shall be exchanged for
shares in the companies being acquired held either -
(a) by the acquiring company; or
(b) by the companies being acquired.
(3) Where the assets of a company being acquired include
immovable property or rights relating thereto, the directors of the
acquiring company shall cause within one month from the coming
into force of the amalgamation, a declaratory public deed to be
published, containing a detailed description of the immovable
property or rights relating thereto delivered to the acquiring
company, and a true copy of the said deed shall be lodged with the
Registrar within fourteen days fr om the enrolment thereof at th e
Public Registry.
Liability of
director or expert
for misconduct.
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.