Companies Act (Cap. 386)
Companies Act (Cap. 386), article 419
419. (1) If the Registrar is satisfied that reasonable grounds
exist for suspecting that there are on any premises any account s,
accounting records or documents of which production has been
required under article 418 and which have not been produced in
compliance with that requirement, he shall have the right to enter
and search any such premises in accordance with the provisions of
sub-articles (2) and (3).
(2) The Registrar, in exercising his right to enter and search t he
premises as specified in sub-arti cle (1), shall have the right to take
possession of any accounts, acc ounting records or documents
appearing to be such accounts, accounting records or documents as
referred to in the said sub-artic le, or to take in relation to any
accounts, accounting records or documents so appearing, any oth er
steps which he shall consider to be necessary for preserving th em
and preventing inte rference with them.
(3) The right conferred upon the Registrar by virtue of sub-
article (1) shall only be exercisable during working days, betw een
seven in the morning and seven in the evening, and in all cases the
Registrar shall be accompanied by an officer of the Police of a rank
not below that of inspector and the Registrar shall, if require d,
produce evidence of his authority.
(4) Any accounts, accounting reco rds or documents of which
possession is taken under thi s article may be retained -
(a) for a period of ninety days; or
(b) if within that period any su ch criminal proceedings as
are mentioned in article 420(1)( a) or ( b), being
proceedings to which the accounts, accounting records
or documents are relevant, shall commence,
until the conclusion of those proceedings.
(5) A person who obstructs the ex ercise of a right of entry or
search conferred by virtue of this article, or who obstructs th e
exercise of a right so conferred to take possession of any acco unts,
accounting records or documents, shall be guilty of an offence and
liable on conviction to a fine ( multa) of not more than four thousand
and six hundred and fifty-eight euro (€4,658), or to imprisonme nt for a
term not exceeding six months, or to both such fine ( multa ) and
imprisonment.
262 CAP. 386.] COMP ANIES
Provision for
security of
information
obtained.
Amended by:
L.N. 425 of 2007;
X. 2011.70;
XVIII.2025.53.
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.