S.L. 16.10 · Civil Code (Second Schedule) (S.L. 16.10)
S.L. 16.10 Art. 6The contents of the Statement of Compliance.
(1) The administrators shall confirm observance by the existing organisation to the requirements of the Schedule in a
Statement of Compliance. This Statement of Compliance shall refer to the statute of the existing organisation and shall provide the relevant information where this is absent regarding:
(a) the registered address in Malta;
(b) the purposes or objects;
(c) the constitutive assets with which it was formed, if applicable;
(d) the method or process by which membership is granted to applicants, if applicable;
(e) the mode of procedure during general meetings, if applicable;
(f) the composition of the board of administration and the names of the current administrators, and to the extent that the number of administrators is below the required minimum, the appointment of a person or persons to fill any vacancy;
(g) the manner in which administrators are elected to and removed from office, if applicable;
(h) the legal representation;
(i) the term for which it is established, if any;
(j) in the case of an organisation the administrators of which are non-residents of Malta, the name and address of a person resident in Malta who has been appointed to act as the local representative of the existing organisation in Malta;
(k) in the case of a private foundation, either the names of beneficiaries, or, in the absence of such indication, a declaration that the existing foundation is constituted for the benefit of beneficiaries, in which case an appropriate beneficiary statement in accordance with article 29(4)(i) of the Schedule must be in the possession of the administrators; and
(l) any other matter which, were it not for this regulation, would not permit the organisation to be registered.
(2) The Statement of Compliance is not required to address non-compliance as to:
(a) the legal form; and
(b) the name of the existing organisation, which matter is regulated by regulation 7.
(3) The Statement of Compliance shall be signed by all the administrators in office or their delegates and for the purpose of this regulation all administrators shall be deemed to have the power to delegate their function.
(4) When the statute of an existing organisation has been drawn up by public deed, any Statement of Compliance made in relation to such statute must also be made by public deed.
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- S.L. 16.10 Art. 29