Companies Act (Cap. 386)
Companies Act (Cap. 386), article 374
374. (1) The provisions of articles 361, 362(1) to (5), 363,
364(1) and (2) and articles 365 to 373 shall apply to division by the
formation of new companies, as though references to the compani es
involved in a division were references only to the company to b e
divided.
(2) In addition to the information specified in article 361(2), the
draft terms of division, which in the case of a division by for mation
of new companies shall only be drawn up by the company to be
divided, shall indicate the status, name and registered office of each
of the new companies.
(3) The draft terms of division of the company to be divided
and, if they are contained in a separate document, the draft
memorandum and the draft articles of each of the new companies
shall be approved by an extraordinary resolution taken at a gen eral
meeting of the company to be divided.
(4) ( Deleted by Act XX. 2013.93 ).
(5) Neither article 364 nor articl e 365, in so far as they relat e to
the expert’s report, shall apply where the shares in each of th e new
companies are allocated to the shareholders of the company to b e
COMP ANIES [CAP. 386. 235
divided in proportion to their holding in the issued share capi tal of
that company.
(6) The Registrar shall, after str iking the name of the company
to be divided off the register in accordance with the provision s of
article 370(1), pro ceed to issue a certificate of registration for each
one of the new companies formed, denoting the fact of its
formation as a result of the division.
Added by:
IV . 2003.145.
Chapter III - Division by a co mbination of a division by
acquisition with a division by the formation of one or more new
companies
Division by a
combination of
division by
acquisition and
division by
formation of new
companies.
Added by:
IV . 2003.145.
Amended by:
II. 2004.64.
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.