S.L. 371.12 · Credit Institutions (Reorganisation And (S.L. 371.12)
S.L. 371.12 Art. 37European credit institutions or branches of European credit institutions located in Malta.
PART IV - REORGANISATION MEASURES AND WINDING-UP
(1) From the date of coming into force of these
* regulations , the Court may not, in relation to a European credit institution or any branch of a European credit institution -
(a) make a winding-up order pursuant to article 224 of the
Companies Act; or
(b) adopt reorganisation measures or perform any act ancillary to the adoption of such measures in terms of
Part VI of the Companies Act.
(2) Sub-regulation (1)(a) does not prevent -
(a) the Court from making a winding-up order after the coming into force of these regulations in relation to a European credit institution or any branch of a European credit institution if -
(i) a provisional administrator was appointed in relation to the European credit institution or any branch of a European credit institution before the coming into force of these regulations; and
(ii) the appointment continues in force until immediately before that winding-up order is made;
(b) the winding-up of a European credit institution or any branch of a European credit institution after the coming into force of these regulations pursuant to a winding-up order which was made, and has not been discharged, before that date.
(3) Sub-regulation (1)(b) does not prevent a provisional administrator of a European credit institution appointed before the coming into force of these regulations, from acting in relation to such institution after that date.
Änderungsgeschichte
- Amended by L.N. 149 of 2016
Verweist auf
- S.L. 371.12 Art. 224