Companies Act (Cap. 386)
Companies Act (Cap. 386), article 66A
66A. (1) This article shall apply to a partnership en
commandite or limited partnership the capital of which may or may
not be divided into shares, which in the deed of partnership ex pressly
limits its object either to the collective investment of its fu nds in
securities and in other movable and immovable property, or in a ny of
them, with the aim of giving the partners the benefit of the re sults of
the management of its funds, and to matters ancillary or incide ntal
thereto, and which qualifies as a collective investment scheme and
is duly licensed, recognised, exem pted or otherwise regulated i n
terms of the Investment Services Act , or otherwise to any other
purpose as may be prescribed in the Tenth Schedule or as the Mi nister
may from time to time pre scribe by regulations.
Cap. 13.
(2) A partnership en commandite or limited partnership within the
meaning of sub-article (1) shall be regulated by the provisions
contained in the Tenth Schedul e and by any regulations made by the
Minister in terms of this article; the provisions of this Part of this Act,
other than this article, and articles 13 to 18, article 21 and Part III of
the Commercial Code , shall not apply to any such partnership except
and to the extent that they are expressly made applicable by me ans of
the said Schedule or by mean s of any such regulations.
(3) The Minister may make regulations for the better carrying
out of the provisions of this article and of any of the provisi ons of
the Tenth Schedule, and may, without prejudice to the generalit y of
the foregoing, by such regulatio ns make provisions as to any of the
following matters:
(a) t h e f o r m s a n d r e t u r n s t o b e u s e d i n r e s p e c t o f s u c h
partnerships en commandite or limited partnerships
within the meaning of sub-article (1), for the purposes
of this Act or such other purposes as may be
prescribed therein;
(b) the registration of such partnerships en commandite or
limited partnerships under this Act within the meaning
of sub-article (1) and any matters incidental thereto;
(c) the records and accounts to be kept by such
partnerships en commandite or limited partnerships
within the meaning of sub- article (1) and any matter
incidental thereto;
(d) t h e p r e s c r i p t i o n o f f e e s p a y a b l e u n d e r t h i s A c t i n
respect of such partnerships en commandite or limited
partnerships within the meaning of sub-article (1);
(e) the exemption of partnerships en commandite o r
limited partnerships within the meaning of sub-article
(1) or any category thereof from any of the provisions
of the Tenth Schedule or of this Act or of any other law
which may otherwise be applicable thereto, as the case
may be, subject to such modifications, variations and
COMP ANIES [CAP. 386. 37
conditions as may be specified;
(f) any other matters to be prescribed under this Act or the
Tenth Schedule in respect of such partnerships en
commandite or limited partnerships within the meaning
of sub-article (1), or any othe r matters to better regulate
the provisions of the Tenth Schedule in respect of such
partnerships en commandite or limited partnerships
within the meaning of sub-article (1) or any category
thereof.
PART V - LIMITED LIABILITY COMPANY
TITLE I - FORMATION AND FUNCTIONING OF
COMPANIES
Chapter I - Formation of a com pany and matters incidental
thereto
Definition.67. A company is formed by means of a capital divided into
shares held by its members. The members’ liability is limited t o the
amount, if any, unpaid on the sh ares respectively held by each of
them.
How a company is
constituted.
Amended by:
XX. 2013.75.
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.