Cap. 403 · Insurance Business Act (Cap. 403)
Cap. 403 Art. 48AProvisions relating to Lloyd’s.
PART X
(1) For the purposes of this article, "syndicate" means a member or group of members of Lloyd’s underwriting business of insurance at Lloyd’s through the agency of a managing agent to which a particular syndicate number is assigned by or under the authority of the Council of Lloyd’s.
(2) Where the members of Lloyd’s carry on business of insurance in Malta, they shall carry on such business in exercise of a European right.
(3) Lloyd’s shall at all times have a representative in Malta who shall be resident in Malta and who shall be the representative in Malta of Lloyd’s and of each of its members.
(4) The representative shall for the purposes of this Act be authorised to act generally as judicial representative of, and accept service of any document on behalf of, Lloyd’s and of each of its members and to file any judicial acts in the registry of any court or similar authority in Malta on behalf of Lloyd’s or any of its members. The general representative shall not be personally liable for the debts and obligations of Lloyd’s or any of its members and accordingly no execution of any precautionary or executive warrant against Lloyd’s or any of its members shall be made against Lloyd’s general representative.
(5) It shall be sufficient in any judicial act (other than an application for the issue of any precautionary or executive warrant) filed by or against members of Lloyd’s in connection with a policy underwritten by them to file the act in the name of the Lloyd’s representative in Malta as representative of those members; provided the act commencing proceedings contains a statement that it is being filed in connection with a policy of insurance underwritten by members of Lloyd’s and giving particulars of the number reference and date of the policy in respect of which the act is filed, the identifying number of each of the syndicates subscribing thereto and, where known, the names of the members of Lloyd’s comprising those syndicates. This sub-article shall apply notwithstanding any provision to the contrary contained in the
Code of Organization and Civil Procedure.
(6) The Lloyd’s representative shall within forty-five days after the filing by him of the judicial act, or of its service on him, as the case may be, file a note in the records of the judicial act filed as aforesaid containing a list of the names of the members comprising the syndicates subscribing to the policy and any such note shall be deemed to be an integral part of the judgment or decree emanating from the court subsequent to the judicial act and such judgment or decree shall be binding on the members whose names are listed in the note in the same manner as it would so have bound them if they had been named as parties to the said judicial act: Provided that, the Lloyd’s representatives shall not be bound to file any such note following the filing of any judicial act where particulars of the names of the members of Lloyd’s comprising those syndicates are already contained in the act or where any such note has already been filed in the records of the case.
(7) Any judicial act filed by or against Lloyd’s or any of its members in connection with a policy underwritten by them shall be served upon the Lloyd’s general representative in Malta at its registered address in Malta.