Companies Act (Cap. 386)
Companies Act (Cap. 386), article 98
98. (1) An allotment made by a company in contravention of
article 97 shall be voidable at the instance of the applicant f or
shares referred to in the same article by sworn application fil ed
within one month after the date of the allotment:
Provided that the proceedin gs may be commenced even if
the company has been dissolved and is being wound up.
(2) If a director knowingly contravenes or permits or authorises
the contravention of article 97, he shall be liable to compensa te the
company and the allottee respectively for any loss, damages or
costs which the company or the allottee may have sustained or
incurred by the contravention:
Provided that proceedings to recover any such loss,
damages or costs shall only be commenced by sworn application
within two years from the date of allotment.
COMP ANIES [CAP. 386. 63
Time of the
opening of the
subscription lists.
Amended by:
L.N. 391 of 2005.
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.