Companies Act (Cap. 386)
Companies Act (Cap. 386), article 96A
96A. (1) Where a public company makes an offer of securities
to the public in a third country, its directors shall, within o ne month
of the registration of the issued securities with the company, deliver
to the Registrar for registrat ion a notice speci fying the follo wing
information, together with a copy of the offering document, if any:
(a) the country or countries w here the offer is made;
(b) the purpose of the offer;
(c) the amount of the offer;
(d) the type of securities offered;
(e) the name of the authority or other body in the
third country which was res ponsible for the approval of the
offering document, if any.
(2) In default of complying with the provisions of sub-article
(1), every officer of the company who is in default shall be li able to a
penalty, and for every day during which the default continues, to a
further penalty.
(3) It shall be the responsibility of the issuer and the directo rs of
the company to comply with the laws and regulations of the thir d
country in which the securitie s are offered to the public.
(4) For the purpose of this article:
(a) "an offer of securities to the public in a third country"
shall mean an offer of secur ities in such third country:
(i) to more than one hundred and fifty
persons; or
(ii) where the total consideration of the offer
exceeds one hundred thousand euro (€100,000),
calculated over a period of twelve months;
(b) "offering document" includes a prospectus or other
invitation to acquire securities.
Chapter IV -Allotmen t of shares and debentures of companies
No allotment
unless minimum
subscription
received.
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.