Companies Act (Cap. 386), article 356

356. Any interested party may contest the registration made by the Registrar, by virtue either of article 344 or article 350 b efore the court in accordance with the following conditions: (a) the contestation shall be made by application against the Registrar within one month from the publication following the registration referred to in article 344 on the grounds that the draft terms of merger were not drawn up in accordance with the provisions of article 344; or within three months from the publication following the registration referred to in article 350 on the grounds that the resolution of the extraordinary general meeting was void or voidable; notice of the application shall be published by the Registrar in the Gazette or on a website maintained by the Registrar; (b) where it is possible to remedy a defect liable to render an amalgamation void or voidable, the court shall grant the companies involved a period within which to rectify the situation; (c) a notice that the judgment of the court has been delivered shall be published by the Registrar in the Gazette or on a website maintained by the Registrar, which notice shall specify w hether the application has been allowed or dismissed; (d) a judgment declaring an amalgamation void or voidable shall not of itself affect the validity of obligations owed by or in relation to the acquiring company which arose before the judgment was delivered and after the date of registration of the draft terms of merger referred to in article 344 or of the resolutions and the other instruments referred to in article 350 according to the case; (e) companies which have been parties to an amalgamation shall be jointly and severally liable in respect of the obligations of the acquiring company referred to in paragraph (d); (f) the amalgamation shall not take effect until the lapse of the three months referred to in paragraph ( a) or, if an application is filed, until the date of the final judgment, if the application is refused; and (g) upon the delivery of the judgment the Registrar shall, where the application is allowed, amend the registration accordingly as if the amalgamation procedure had never commenced. Chapter II - Merger by fo rmation of a new company 224 CAP. 386.] COMP ANIES Application of articles 344 to 356 to merger by formation of a new company. Amended by: IV . 2003.131; II. 2004.62; XIX. 2010.41.