S.L. 386.26 Art. 17Request for issue of pre-division  certificate. 

(1) Upon the lapse of one (1) month from the last publication following the registration referred to in regulation 14, the

Maltese company being divided shall submit to the Registrar an application in the prescribed form for registration, to obtain a pre-division certificate.

(2) The application referred to in sub-regulation (1) shall be signed by at least two (2) directors of the Maltese company being divided, unless the Board of Directors is composed of one (1) director, and shall be accompanied by the following documents:

(a) the draft terms of the cross-border division;

(b) the declaration of solvency referred to in regulation 8, if required in terms of these regulations;

(c) the directors’ report and the appended opinion, if any, referred to in regulation 7, where available;

(d) the independent expert’s report, where required in terms of these regulations;

(e) any comments submitted in accordance with regulation 10(1);

(f) a copy of the extraordinary resolution referred to in regulation 11;

(g) where the Maltese company being divided carries on in or from Malta any licensable activity, evidence of the consent of the competent authority in Malta to the cross-border division;

(h) where the Maltese company being divided is a public company quoted on a recognized investment exchange, evidence that the said exchange has been notified of the cross-border division and evidence of the consent of the listing authority in Malta to the cross-border division; and

(i) where any shares of the Maltese company being divided are pledged, the written consent of the pledgee.

(3) The application referred to in sub-regulation (2) may be submitted entirely online and signed in counterparts, and such counterparts together shall constitute one and the same document.