Companies Act (Cap. 386), article 399A

399A. (1) (a) An oversea company shall within one month of the closure of its branch or place of business in Malta deliver a notice to the Registrar for registration notifying him of such closure. (b) Where an oversea company, constituted or incorporated outside Malta, which has established a branch or place of business within Malta, has been dissolved or for any other reason is being wound up, it shall, within one month from the date of the dissolution or the date on which the winding-up begins, deliver to the Registrar for registration a return in the prescribed form containing the following particulars: (i) a brief description of the winding-up or other proceedings to which the oversea company has become subject to, specifying whether such proceedings amount to insolvency proceedings, or an arrangement or composition, or any analogous proceedings; (ii) whether the oversea company has been dissolved or is being wound up by an order of a court; (iii) if the company is not being so dissolved or wound up, as a result of what action the dissolution or winding-up has commenced; (iv) whether the dissolution or winding up has been instigated by: (a) the oversea company’s members; (b) the oversea company’s creditors; or (c) some other person or persons; and (v) the date on which the dissolution or winding-up became or will b ecome effective. (c) If an oversea company fails to comply with the provisions of this sub-article, the liquidator or any officer or agent of the company, as the case may be, who is in default shall be liable to a penalty and, in the case of a continuing default, t o a f u r t h e r p e n a l t y f o r every day during which the default continues. (2) ( a) A person appointed to be the liquidator of the oversea company shall, within one month from the date of his appointment, deliver to the Registrar for registration a return in the prescribed form containing the following particulars: 244 CAP. 386.] COMP ANIES (i) his name, his residential address and his business or professional occupation; (ii) the date of his appointment; and (iii) a description of his powers together with an explanation of the extent to which these powers are derived otherwise than from the general law or the company’s constitution. (b) The liquidator of the oversea company shall, within one month from the termination of the winding up of the oversea company, deliver to the Registrar for registration, a return in the prescribed form notifying him of such termination. (c) If the liquidator fails to comply with any of the requirements of paragraphs ( a) and ( b) he shall be liable to a penalty and, for every day during which the default continues, to a further penalty. PART XII - GENERAL Power of Minister to appoint Registrar. Amended by: XIX. 2010.48; XX. 2013.94; V .2020.36; XVIII.2024.17.