S.L. 386.19 · Companies Act (S.L. 386.19)
S.L. 386.19 Art. 9Power of the Registrar with regard to matters concerning companies.
(1) The Registrar may:
(a) refuse to register any document of a company, which is required to be registered under the Act, if the beneficial ownership information was not submitted or if he is not satisfied that the company has provided accurate and up to date information on all the beneficial owners of the company as required by these regulations;
(b) restrict new incorporations for directors involved in other Maltese registered companies that failed to submit information on beneficial owners;
(c) before registering a new company or return, take such steps and require such information or documentation as he may deem necessary to ascertain the correctness of the beneficial information submitted to him. (REGISTER OF BENEFICIAL OWNERS)
(2) Where a company fails to provide information on its beneficial owners in accordance with these regulations, the Registrar shall inform the company that he is not in receipt of the information on beneficial owners.
(3) If the Registrar does not receive the information on beneficial owners of the company within one month from the letter mentioned in sub-regulation (2), he may send to the company by post and publish a notice in the Gazette or on a website maintained by the Registrar and in a daily newspaper circulating wholly or mainly in Malta that, at the expiration of three months from the date of the last publication of the said notice, the company’s name shall, unless cause is previously shown to the contrary or the Registrar is satisfied that there are sufficient grounds not to proceed with the striking off, be struck off the register; and the assets of the company shall devolve upon the Government of Malta.
(4) If any member or creditor of the company, or any other person who appears to the Court to have an interest feels aggrieved by the fact that the name of the company has been struck off the register by virtue of the provisions of this regulation, the Court on an application made by the member or creditor or such other person before the expiration of five years from the publication of the notice of the striking off provided for in sub-regulations (2) and (3) may, if satisfied that it is proper that the name of the company be restored to the register, order that such name be restored to the register, and upon an official copy of the order being delivered by the Registrar of the Courts to the Registrar for registration, the company shall be deemed to have continued in existence as if its name had not been struck off; and the Court may by its order give such directions and make such provisions as seem fit for placing the company and all other persons in the same position as nearly as may be as if the name of the company had not been struck off. The Registrar shall forthwith proceed to publish a notice in the Gazette or on a website maintained by the Registrar and in a daily newspaper circulating wholly or mainly in Malta that the name of the company has been restored to the register.
(5) The Registrar shall have the power to strike off the name of a company if the beneficial owner of such company becomes sanctioned by international organisations.
(6) Without prejudice to rights and obligations emanating from other laws and regulations, and notwithstanding that the name of the company has been struck off the register in terms of the preceding provisions of this regulation, the rights and responsibilities, if any, of every director or other officer of the company and of every member of the company shall continue and may be enforced as if the name of the company had not been struck off the register..
Änderungsgeschichte
- Amended by L.N. 247 of 2020