cap/168 (Cap. 168)

Inhalt

1. Art. 2 Interpretation.
2. Art. 3 Law governing commercial partnerships.
3. PART II
4. Art. 4 Formation of partnership.
5. Art. 5 Different kinds of partnerships. particulars concerning partnerships in business letters, etc.
6. PART III
7. Art. 7 Definition.
8. Art. 8 Agreement to pay share of profits.
9. Art. 9 Partnership-name.
10. Art. 11 Contributions deemedtobemade in ownership.
11. Art. 12 Contribution of a debt owing to a partner.
12. Art. 13 Valuation of contribution.
13. Art. 14 How partnership is constituted.
14. Art. 15 Contentsofdeedof partnership.
15. Art. 16 Registration of deeds of partnership.
16. Art. 17 Duty of Registrar and effect of registration.
17. Art. 18 Where certificate of registration is not issued.
18. Art. 19 Changes in deed of partnership.
19. Art. 20 Where alteration consists in change of partnership- name.
20. Art. 21 Reductions in contribution of a partner and dissolution of a partnership before period fixed for its duration.
21. Art. 22 Right of creditors of a partner to oppose enlargement of duration of a partnership.
22. Art. 23 Duties of Registrar of Courts.
23. Art. 24 How deed of partnership may be altered.
24. Art. 25 Administrationand representation of a partnership.
25. Art. 26 How partnership may be bound.
26. Art. 28 Distribution of profits.
27. Art. 29 How rights of creditors of a partner are enforceable.
28. Art. 30 A partner may not compete with partnership.
29. Art. 31 Death of a partner.
30. Art. 32 Expulsion of a partner.
31. Art. 33 Cessation of membership.
32. Art. 34 Rights of persons ceasing to be partners.
33. Art. 35 Dissolution of partnerships en nom collectif.
34. Art. 36 Notice of dissolution.
35. Art. 37 How a partnership en nom collectif may be wound up.
36. Art. 38 Power to remove liquidator.
37. Art. 39 Remuneration of liquidator.
38. Art. 40 Costs of winding up payable in priority to other claims.
39. Art. 41 Penalty.
40. Art. 42 Powers until provision is made for winding up.
41. Art. 43 Duties of partners vested with administration.
42. Art. 44 Powers of liquidators.
43. Art. 45 Liquidator not to distribute assets before paying debts.
44. Art. 46 Duty of liquidator to give information, to render account and prepare scheme of distribution.
45. Art. 47 Rules applicable to distribution of assets.
46. Art. 48 Approval of accounts and scheme of distribution.
47. Art. 49 Strikingofnameof partnership off Register.
48. Art. 50 Preservation of books of account, etc., after dissolution.
49. Art. 51 Definition.
50. Art. 52 Applicability of provisions governing partnerships en nom collectif.
51. Art. 53 Partnership-name.
52. Art. 54 Contribution of limited partner not to include personal services.
53. Art. 55 Contentsofdeedof partnership.
54. Art. 56 Rights of general partners.
55. Art. 57 Administrationand representation.
56. Art. 58 Appointment of partners to administer and represent partnership.
57. Art. 59 Limited partner cannot take part in management of partnerships.
58. Art. 61 Article 30 not to apply to limited partners.
59. Art. 62 Limitedpartnernot bound to restore profits received in good faith.
60. Art. 63 Assignment of interest by limited partner.
61. Art. 64 Death of limited partner.
62. Art. 65 Dissolution of partnership en commandite.
63. Art. 66 Division of capital into shares.
64. PART V
65. Art. 68 How company is constituted.
66. Art. 69 Contents of memorandum.
67. Art. 70 Name of company.
68. Art. 71 Objects of company.
69. Art. 72 Minimum share capital.
70. Art. 73 Articles of association.
71. Art. 74 Registration of memorandum and articles.
72. Art. 76 Where certificate of registration is not issued.
73. Art. 77 Alterations and additions to memorandum and articles.
74. Art. 79 Change of name of company.
75. Art. 80 Alterations in memorandum or articles increasing liability to contribute to share capital not to bind existing members without consent.
76. Art. 81 Authentication of documents.
77. Art. 82 Issue of applications for shares in or debentures of a company to be made with a prospectus.
78. Art. 83 Dating of prospectus and matterstobestated therein.
79. Art. 84 Penalty.
80. Art. 85 Prospectus including a statement by experts.
81. Art. 87 Restriction on alteration of terms mentioned in prospectus.
82. Art. 88 Civil liability for mis-statements in prospectus. prospectus.
83. Art. 90 Interpretation of provisions relating to prospectus.
84. Art. 91 No allotment of sharecapitalunless seventy-five per cent subscribed.
85. Art. 92 No allotment after lapse of three months from issue of prospectus.
86. Art. 93 Time of the opening of the subscription lists.
87. Art. 94 Revocability of applications for shares or debentures.
88. Art. 95 Return as to allotments.
89. Art. 96 Company may not hold its own shares. for purchase of or subscription for its own, or its holding company’s shares.
90. Art. 98 Conditions for payment of commissions, discounts, etc.
91. Art. 99 Application of premium received on issue of shares.
92. Art. 100 Redeemable preference shares.
93. Art. 101 Rights of holders of special classes of shares and variations thereof.
94. Art. 102 Numbering of shares.
95. Art. 103 Transfer of shares.
96. Art. 104 Registration of transfer at request of transferor.
97. Art. 105 Issue of certificates.
98. Art. 106 Share warrants.
99. Art. 107 Register of members.
100. Art. 109 Inspection of registers.
101. Art. 110 Power to close registers.
102. Art. 111 Statutory meeting.
103. Art. 112 Holding of annual general meeting.
104. Art. 114 Convening of extraordinary general meeting on requisition.
105. Art. 115 Length of notice for calling meetings.
106. Art. 116 General provisions as to meetings and votes.
107. Art. 117 Power of court to order meeting.
108. Art. 118 Proxies.
109. Art. 119 Right to demand a poll.
110. Art. 120 Extraordinary resolutions.
111. Art. 121 Directors.
112. Art. 122 Restrictions on appointment of director.
113. Art. 123 Removal of directors.
114. Art. 124 Casual vacancy.
115. Art. 125 Disqualification for appointment as director.
116. Art. 126 Director may not compete with company.
117. Art. 127 Prohibition of loans, etc., to directors.
118. Art. 128 Duty of director to disclose interest in a contract with company.
119. Art. 129 Return as to changes among directors.
120. Art. 130 Joint and several liability of directors.
121. Art. 131 Provisions as to liability of officers and auditors.
122. Art. 132 Minutes of proceedings.
123. Art. 133 Keeping of books of account. Cap. 13.
124. Art. 134 Profit and loss account and balance sheet.
125. Art. 135 General provisions as to contents and form of accounts.
126. Art. 136 Signing of balance sheet.
127. Art. 137 Directors’reportto be attached to balance sheet.
128. Art. 138 Inspection of accounts.
129. Art. 139 Penalty.
130. Art. 140 Appointment and remuneration of auditors.
131. Art. 141 Disqualification for appointment as auditor.
132. Art. 142 Auditor’s report.
133. Art. 143 Right of access to booksandtoattend at general meetings.
134. Art. 144 Annual return.
135. Art. 145 Documents to be annexed to annual return.
136. Art. 146 Penalty.
137. Art. 147 Definition.
138. Art. 148 Provisions not applicable to private companies.
139. Art. 149 Exemption of private company from requirements of article 145, etc.
140. Art. 150 Dissolution of companies.
141. Art. 151 Notice of dissolution and calling of meeting for appointment of liquidator.
142. Art. 152 Appointment, removal and remuneration of liquidator.
143. Art. 153 Notice of appointment of liquidator.
144. Art. 154 Penalty.
145. Art. 155 Powersofdirectors and convening of general meetings.
146. Art. 156 Applicability of articles 43, 44 and article 45(1).
147. Art. 157 Calls for payment of unpaid share capital. Cap. 12.
148. Art. 158 Dutiesofliquidator where winding up continues for more than one year.
149. Art. 159 Dutiesofliquidator when affairs have been completely wound up.
150. Art. 160 Approval of accounts and scheme of distribution.
151. Art. 161 Name of company to be struck off the register.
152. PART VI
153. Art. 162 Conversion of partnerships.
154. Art. 163 Amalgamation of partnerships.
155. Art. 164 Registration of the conversion or amalgamation of partnerships. I. 1965.10.
156. Art. 166 Partners with unlimited liability to remain bound unless creditors consent to conversion.
157. Art. 167 Rights of creditors to oppose conversion or amalgamation.
158. Art. 168 Continuing or new partnership succeeds partnershipceasing to exist.
159. PART VII
160. Art. 169 Definition.
161. Art. 170 Consent of associates required for admission of other associates.
162. Art. 171 Relationsofparties vis-a-vis third parties and among themselves.
163. Art. 172 Only associating party acquires rights and assumes obligations.
164. Art. 173 Rights of associating party and of associates.
165. Art. 174 Liability of associate.
166. Art. 175 Agreements allowed between parties.
167. Art. 176 No formalities required for association en participation.
168. PART VIII
169. Art. 177 Application of articles 178 to 182.
170. Art. 178 Documents,etc.,to be delivered by oversea companies carrying on business in Malta.
171. Art. 179 Return to be delivered by oversea company where documents, etc., altered.
172. Art. 180 Accounts of oversea company.
173. Art. 181 Other obligations of oversea company.
174. Art. 182 Penalties.
175. Art. 183 Application of articles 184 to 187.
176. Art. 184 Documents,etc.,to be delivered by oversea partnerships carrying on business in Malta. delivered by oversea partnerships where documents, etc., altered.
177. Art. 186 Other obligations of oversea partnerships.
178. Art. 187 Penalties.
179. Art. 188 Dating of prospectus and particulars to be contained therein.
180. Art. 190 Interpretation of provisions as to prospectuses.
181. PART IX
182. Art. 191 Power of Prime Minister to appoint Registrar.
183. Art. 192 Additional duties of Registrar.
184. Art. 193 Powers of Registrar to investigate affairs of partnership.
185. Art. 195 Power of Minister to make regulations.
186. PART I
187. Art. 10 the holders
188. Art. 27 in the same the shares from transferred, or as to time fix the shall not exceed
189. Art. 75 such interim the company.
190. PART II
191. Art. 1 the exception of
192. PART I
193. Art. 6 profit and loss involved is not reserves or of renewals or with the year, the derived; and revenue reserves at the end of the financial year renewals aggregate of the for the purposes aforesaid is separate amounts thereof.