Companies Act (Cap. 386)
Companies Act (Cap. 386), article 374A
374A. (1) The provisions of articles 361, 362, 363, 364(1) and
(2) and articles 365 to 373 shall apply to division by combinat ion
of a division by acquisition with a division by formation of on e or
more new companies.
(2) In addition to the information specified in article 361(2),
the draft terms of division, shall also indicate the status, na me and
registered office of the n ew company or companies.
(3) The draft terms of division and, if they are contained in a
separate document, the draft mem orandum and the draft articles of
the new company or companies shall be approved by an
extraordinary resolution taken a t a general meeting of the comp any
to be divided and of each e xisting recipient company.
(4) Neither article 364 nor artic le 365, in so far as they relat e to
the written report drawn up by one or more experts shall apply in
respect of new companies where th e shares in such companies are
allocated to the shareholders of the company to be divided in
proportion to their holding in the issued share capital of that
company.
(5) 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.
Amended by:
IV . 2003.144.
Chapter IV - Division under the supervisio n of the court
Application to
court to supervise
division and
powers of the court
in relation thereto.
Amended by:
IV . 2003.146.
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.