S.L. 371.12 Art. 8Information to known creditors to enable them to lodge claim or submit observations.

(1) Where the Companies Act provides that creditors are to be informed of their rights to lodge a claim or to submit observations at a creditors meeting the administrator shall without delay inform in writing all known creditors, including creditors who have their normal place of residence, domicile or head office in another Member State or EEA State, about any Court decision, order or appointment in terms of Articles 327 or 329B of the Companies Act regarding the commencement of reorganisation procedures as well as details regarding the information requested in this regulation:

Provided that this sub-regulation shall not apply where regulation 83 of the Recovery and Resolution Regulations applies.

(2) The information given to creditors shall include at least the following:

(i) that reorganisation measures have commenced in relation to a Maltese credit institution;

(ii) the applicable time limits for the reorganisation measures, if any;

(iii) the penalties laid down in regards to any time limits, if any;

(iv) the body or authority empowered to accept claims or observations in relation to the measures; and

(v) as to whether creditors whose claims are preferential or secured need lodge their in rem claims.

(3) In the case of company recovery proceedings the information provided for above shall be supplemental to and without prejudice to the duties of the special controller in 329B(7) of the Companies Act. Where the special controller is obliged to advise creditors as to the date and venue of any creditors’ meeting to which they may be entitled to attend sufficient notice shall be given in terms of article 329B(7)(b) of the Companies Act.

(4) The information set out in subregulation (2)(i) to (v) shall be issued in English or in both English and Maltese.

(5) A form shall also be used bearing, in all the official languages of the European Union, the heading ''Invitation to lodge a claim. Time limits to be observed.''.

(6) (a) Creditors who have their normal place of residence, domicile or head office in another Member State or EEA State shall have the same right to lodge claims or submit observations in terms of Part VI of the Companies Act as creditors with their normal place of residence, domicile or head office in the home State in accordance with the procedures laid down in regulation 18.

(b) A creditor shall send copies of supporting documents, if any, and shall indicate -

(i) the nature of the claim;

(ii) the date on which it arose;

(iii) the amount of the claim;

(iv) whether the creditor alleges any preference, security or reservation of title in respect in rem of the claim; and

(v) the assets that are covered by the creditor’s security.