Companies Act (Cap. 386)
Companies Act (Cap. 386), article 412
412. (1) The expenses of and incidental to an investigation by
inspectors appointed by the Registrar shall be defrayed by him;
provided that the persons mentioned in sub-articles (2) to (5) shall
be, to the extent there specified, liable to make repayment to the
Registrar.
(2) A person who is convicted on a prosecution instituted as a
result of the investigation, or is ordered to pay the whole or any
part of the costs of proceedings b rought under article 411 may in
the same proceedings be ordere d to pay those expenses to such
extent as may be specified in the order.
(3) A body corporate in whose n ame proceedings are brought
under article 411 shall be liable to the amount or value of any sums
or assets recovered by it as a result of those proceedings; and any
amount for which a body corporate is liable under this sub-arti cle
shall be paid, in priority to all other claims, from the sums o r assets
recovered.
(4) A body corporate dealt with b y the inspectors’ report shall
be liable for the expenses of an d incidental to the investigati on
unless that body corporate was the applicant for the investigat ion,
and unless the Registrar otherwise directs.
(5) The applicant or applicants for the investigation, where the
inspectors were appointed under article 404, shall be liable to such
extent, if any, as the Registrar may direct.
(6) The report of the inspectors may include a recommendation
as to the directions which they think appropriate, in the light of
their investigation, to be given under sub-article (4) or sub-a rticle
(5).
( 7 ) F o r t h e p u r p o s e s o f t h i s a r t i c l e , a n y c o s t s o r e x p e n s e s
incurred by the Registrar in or in connection with proceedings
brought under article 411 are to be treated as expenses of the
investigation giving ri se to the proceedings.
(8) Any liability to repay the Registrar arising from sub-
articles (2) and (3) shall, subjec t to satisfaction of the righ t of the
Registrar to repayment, be a liability also to indemnify all pe rsons
against liability under sub-articles (4) and (5); and any such
liability imposed by sub-article (2) shall, subject as mentione d
above, be a liability also to indemnify all persons against lia bility
under sub-article (3).
(9) A person liable under any one of the sub-articles referred t o
in sub-article (8) is entitled to contribution from any other p erson
COMP ANIES [CAP. 386. 257
liable by virtue of the same sub- article, according to the amou nt of
their respective liabilities by virtue of that sub-article.
(10) Expenses to be defrayed by the Registrar under this article
shall, insofar as not recovered by virtue of its provisions, be paid
out of public funds.
Inspectors’ report
to be admissible as
evidence.
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.