Companies Act (Cap. 386), article 84C

84C. (1) The Minister, in consultation with the Minister responsible for finance and acting on the advice of the compete nt authority under the Securitisation Act , may make regulations which provide for the formation, constitution, authorisation and regulation of cell companies, and which make it possible for a securitisation vehicle to convert into a cell company and for a ll matters that may arise in connection therewith. (2) For the better carrying out of the provisions of this articl e, and without prejudice to the generality of the foregoing, the Minister, acting as aforesaid, may, by such regulations, in particular: (a) make provision regarding the contents of the memorandum and articles of association of a cell company, including provision for the creation by the cell company of any one or more cells, and for segregating and protecting the cellular and other assets of the company, and establish reporting and other COMP ANIES [CAP. 386. 53 disclosure requirements; (b) exempt or provide for the exemption of such company from any of the provisions of this Act or of any other law in force, subject to su ch modifications, variations and conditions as may be specified; (bA) provide for the applicability or inapplicability of any provision of this Act or of any other law to matters falling under such regulations, subject to such modifications, variations and conditions as may be specified, and that in so far as any of the provisions of such regulations are inconsistent with the provisions of this Act or of any other law, such provisions in any such regulations shall prevail; (c) make provision for the manner and the form whereby a cell company may create and issue cell shares and to m a k e a n y p r o v i s i o n r e l a t i n g t o t h e a s s e t s o f t h e c e l l company, including the requirement that the assets of a cell company should be of a specified class or description, or any other requirements in respect of the quality, nature and extent of such assets; (d) make provision allowing cel ls or the cellular assets attributable to any cell of a cell company to be transferable to any other person; (e) make provision for considering individual cells as separate and distinct entities for such purposes as may be established; (f) provide for any matter consequential, incidental to or connected with any of the above matters. Cap. 484. (2A) Where any such regulations have been issued in terms of this article, the competent aut hority as defined in the Securit isation Act may issue rules in terms of article 20 of the Securitisation Act as may be required for the better carrying out and to better implement the provisions of any such regulations. Cap. 484. (3) For the purposes of this arti cle, "securitisation vehicle" h as the same meaning assigned to it in the Securitisation Act . Minister may make regulations relating to formation, etc., of incorporated cell companies and cells. Added by: XIX. 2010.30. Cap. 403. Cap. 370.