Companies Act (Cap. 386)
Companies Act (Cap. 386), article 371
371. (1) A division shall have t he following consequences:
(a) the recipient companies shall succeed to all the assets,
rights, liabilities and obligations of the company to be
divided, both as between the company to be divided
and the recipient companies and as regards third
parties without the requirement of any formalities
other than those arising under this Part;
(b) the shareholders of the company to be divided shall
become shareholders of one or more of the recipient
companies; and
(c) the company to be divide d shall cease to exist.
COMP ANIES [CAP. 386. 233
(2) No shares in a recipient co mpany shall be exchanged for
shares held in the company to be divided either -
(a) by that recipient company; or
(b) by the company to be divided.
(3) The division shall not prejudice the rights enjoyed by the
creditors of the company to be divided over any of the assets o f that
company.
(4) Where the assets of the company to be divided include
immovable property or rights relating thereto, the directors of the
recipient companies shall cause w ithin one month from the comin g
into force of the division, a declaratory public deed to be pub lished,
containing a detailed description and the allocation of the
immovable property or rights rel ating thereto de livered to each of
the recipient companies, and a true copy of the said deed shall be
lodged with the Registrar within fourteen days from the enrolme nt
thereof at the Public Registry.
Liability of
director or expert
for wilful or
negligent
misconduct.
Amended by:
IV . 2003.141.
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.