Gaming Act (Cap. 583)
Gaming Act (Cap. 583), article 46
46. (1) Without prejudice to the powers conferred to the
Authority by or under this Act, the Authority may, in exception al
circumstances where it is reasonably satisfied that this would be
preferable to any other action, p roceed to take any one or more of the
following measures:
(a) nominate an administrator to take charge of the
assets of the authorised person, or any portion of them, for th e
purposes of safeguarding player f unds, the interests of players ,
and the interests of the empl oyees of the authorised person;
(b) nominate an administrator to assume control of
the business of the authorised person, either to carry on that
business or to carry out such other function or functions in
respect of such business, or part thereof, as the Authority may
direct,
and by application seek the appoi ntment of such administrator b y the
Civil Court (V oluntary Jurisdiction Section), with such remuneration
30 [CAP. 583. GAMING
as the Court may deem fit:
Cap. 386.
Provided that, where the assets of the authorised person
are insufficient to satisfy its liabilities, the remuneration d ue to the
administrator and any lawful expenses and disbursements incurre d by
the administrator in the performance of his functions shall be paid in
the same order of priority as expenses and other disbursements
incurred by a liquidator, and the remuneration due thereto, in an
insolvent winding up in accordance with article 258 of the
Companies Act .
(2) Where an administra tor is so appointed -
(a) under sub-article (1)(a), it shall be the duty of
the authorised person to deliver to such appointed
administrator all the assets, whether movable or immovable, of
which he is placed in charge, and all the powers, functions and
duties of the authorised person in respect of those assets,
including those exercisable by the authorised person in a
general meeting, or by the direct ors, or by any other person,
including the legal and judicial representation of the
authorised person, shall be exercisable by and vest in the
administrator appointed under the said sub-article to the
exclusion of any other person;
(b) under sub-article (1)(b), the authorised person
shall submit its business to the control of such appointed
administrator and shall provide such person with such
facilities as may be required to carry on that business or to
carry out the functions assigned to such person under the said
paragraph; and all the powers, functions and duties of the
authorised person, including the legal and judicial
representation of the authorised person, shall be exercisable b y
and vest in the administrator appointed under the said sub-
article to the exclusion of any other person.
(3) The Authority may, where it feels it is in the best interest
of the players or the general pub l i c s o t o d o , m a k e o r i s s u e p ublic
statements or notices giving warnings or information about any
measure taken in terms of this article.
(4) The Authority may require the authorised person
concerned to pay all the expens es of, and incidental to, the
publication or issue of public sta tements or notices pursuant t o this
article, or such part thereof as it may deem appropriate; and a ny sum
so due shall be recove rable by the Authority as a civil debt.
(5) The administrator holds office -
(a) for the duration esta blished by the Court; or
GAMING [CAP. 583. 31
(b) in the absence of an established period of
duration, until such time as the Court, or the Authority, deems
necessary,
unless before such time he resigns by means of a note filed bef ore the
Court and notified to the Authority.
(6) The Authority may, by means of a binding instrument,
specify in further detail the responsibilities of an administra tor
appointed in accordance with this Part, the procedures to be fo llowed
in connection with such appointm ent, and other ancillary matter s.
PART XI - Miscellaneous
Conflict between
this Act and any
other law.
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.