S.L. 371.12 Art. 18Right of creditors, etc., to lodge claims. Cap. 386. Cap. 386.

(1) Any creditor, including the public authorities of a

Member State or a EEA State, being domiciled in or having a normal place of residence or head-office in a Member State or EEA State other than Malta, shall have all the rights provided to creditors in Part V of the Companies Act to lodge claims or to submit written observations relating to claims in relation to a Maltese credit institution being wound up.

(2) The claims of any creditor who is domiciled in or having a normal place of residence or head offices in any Member State or EEA States other than Malta, shall be treated in the same way as any creditor resident or domiciled or having a head offices in Malta and accorded the same ranking as claims of an equivalent nature which may be lodged by creditors having their domiciles, normal places of residence, or head offices in Malta.

(3) When lodging a claim a creditor shall send copies of supporting documents, if any, and shall indicate:

(a) the nature of the claim;

(b) the date on which it arose and its amount;

(c) whether the creditor alleges preference;

(d) security in rem or reservation of title in respect of the claim; and

(e) what assets are covered by the creditor’s security.

(4) Any creditor who is domiciled or having a normal place of residence or head office in a Member State or EEA State other than Malta, may lodge claims or submit observations relating to such claim in the official language or one of the official languages of that other Member State or EEA State. In that event, the lodgement of the creditor’s claim or the submission of observations on such claim shall bear the heading ''Lodgement of claim'' or ''Submission of observations relating to claims'' in English or Maltese. In addition, the creditor may be required to provide a translation into English or Maltese of the lodgement of claim or submission of observations relating to claims or of any of the documentation and, or information required in subregulation (3).

(5) The provisions of this regulation are without prejudice to the provisions of article 232 of the Companies Act.