S.L. 386.27 чл. 15Contestation of registration. 

(1) A registration made by the Registrar by virtue of either regulation 10 or regulation 14 may be contested before the Court by any interested party in accordance with the following conditions:

(a) the contestation shall be made by application against the Registrar within one (1) month from the publication following the registration referred to in regulation 10 on the grounds that the draft terms of the cross-border conversion were not drawn up in accordance with the provisions of regulation 6, or within one (1) month from the last publication following the registration referred to in regulation 14 on the grounds that the resolution of the extraordinary general meeting was void or voidable:

Provided that in the latter case, the resolution of the extraordinary general meeting cannot be challenged solely on the following grounds:

(i) that the cash compensation referred to in regulation 6(1)(i) has been inadequately set; or

(ii) the information given with regard to the cash compensation referred to in regulation 6(1) (i) did not comply with the legal requirements.

(b) Notice of the application referred to in regulation 15(1) shall be published by the Registrar in the Gazette or on a website maintained by the Registrar;

(c) where it is possible to remedy a defect liable to render the cross-border conversion void or voidable, the Court shall grant the Maltese registered converting company a period within which to rectify the situation;

(d) the Court shall decide whether to dismiss or uphold the application within not more than thirty (30) days from the from the filing of the application; and

(e) a notice that the judgment of the Court has been delivered shall be published by the Registrar in the Gazette or on a website maintained by him, which notice shall specify whether the application has been allowed or dismissed.

(2) Without prejudice to sub-regulation (1), any creditor of the Maltese registered converting company whose debt existed prior to the publication made pursuant to regulation 10 may, within the period of three (3) months from the said publication, by application, request adequate safeguards to protect his claims on the ground that the safeguards offered in the draft terms of the cross-border conversion, as provided for in regulation 6(1)(f) are inadequate. If the creditor credibly demonstrates that, due to the cross-border conversion, the satisfaction of his claims are at stake and that he has not obtained adequate safeguards from the Maltese registered converting company, the Court shall uphold the creditor’s request and order the Maltese registered converting company to provide additional safeguards subject to the cross-border conversion becoming effective. The Court shall decide whether to dismiss or uphold the application within not more than thirty (30) days from the date of notification of the application on the Registrar and the Maltese registered converting company.

(3) Without prejudice to sub-regulations (1) and (2) and any jurisdiction rules arising from Community or national law or from contractual agreement, any creditor of the Maltese registered converting company whose debt existed prior to the publication made pursuant to regulation 10 may institute proceedings against the Maltese registered converting company before the Courts in Malta at any time within two (2) years from the date the conversion takes effect on grounds other than those set out in sub-regulation (2). The institution of such proceedings shall be in addition to other rules on the choice of jurisdiction that are applicable pursuant to Community law.