Companies Act (Cap. 386)

Companies Act (Cap. 386), article 429

Official PDF on legislation.mt

429. (1) The dissolution of a commercial partnership occurring before, on or within six months from the appointed da y shall, after the appointed day, continue to be in accordance wi th the provisions of the Ordinance and the consequential winding up of such a commercial partnership shall be regulated accordingly: Provided that, where, after th e lapse of the two year period referred to in article 428(4), the name of any commercial partnership to which this sub-article applies has not already been struck off the register, the Registrar may, at any time thereaf ter, apply to the court for it to order that the winding up of the a ffairs of that commercial partnership shall, from then onwards, be in accordance with the provisions of this Act relating to winding up by the court, and to appoint, w here necessary, a liquidator or 274 CAP. 386.] COMP ANIES liquidators or substitute any existing liquidator or liquidator s to carry out that winding up. (2) Any dissolution of a commercial partnership occurring after the expiry of six months from the appointed day, shall be in accordance with the provisions of this Act and the consequentia l winding up of such a commercial partnership shall be regulated accordingly. (3) The provisions of article 304 shall, in relation to companie s formed and registered under the O rdinance, commen ce to apply on the expiry of six months from the appointed day. (4) The provisions of article 326 shall come into force on the expiry of six months from the appointed day. Cap. 13. (5) In relation to a compa ny, bankruptcy proceedings commenced before, on or within six months from the appointed da y shall, after the appointed day, continue to be governed by the provisions of Part III of the Commercial Code relating to bankruptcy. (6) The provisions of this article shall apply notwithstanding anything contained in article 428. Periods for the exercise of rights.

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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.