S.L. 371.12 · Credit Institutions (Reorganisation And (S.L. 371.12)
S.L. 371.12 Art. 6Information for the competent authorities and the foreignauthority the home State.
PART I - REORGANISATION MEASURES
(1) Where, upon receipt of an application, the Court deems it necessary to implement one or more reorganisation measures on a branch of a Maltese credit institution situated in another Member of State or an EEA State, the Court shall inform the competent authority regarding this request in order to obtain its views on the adoption of such measure and the practical effects which it may have:
Provided that where the reorganisation measure involves a company recovery order in terms of the Companies Act, the provisions of article 329B(3)(d) of the Companies Act shall apply.
(2) Where the Court makes a decision, order or appointment of any of the following kinds -
(a) any compromise or arrangement in terms of article 327 of the Companies Act; or
(b) a company recovery order and appoints a special controller in accordance with article 329B of the Companies Act, it must immediately inform the competent authority, or cause the competent authority to be informed without delay, of the decision, order or appointment which has been made.
(3) Where the competent authority is informed of a decision, order or appointment in accordance with this regulation it shall, in turn without delay and by any means available, inform the foreign authority of the decision to adopt reorganisation measures including the possible practical effects of such measures.
(4) The duties provided for in subregulations (1) and (2) are supplemental to and without prejudice to the duties of the Registrar of Courts in article 329B(13)(a) to (c) of the Companies Act.
Änderungsgeschichte
- Amended by L.N. 298 of 2015
Verweist auf
- S.L. 371.12 Art. 327
- S.L. 371.12 Art. 329