S.L. 386.28 Art. 11Approval by the general meeting. 

(1) After taking note of the reports referred to in regulations 7 and 9, where applicable, the employees’ opinions submitted in accordance with regulation 7(7) and comments submitted in accordance with regulation 10, the general meeting of each Maltese merging company shall decide, by means of an extraordinary resolution, whether to approve the common draft terms of the cross‐border merger and whether to amend its memorandum and articles of association, if applicable:

Provided that where a Maltese merging company is an acquiring company, the approval of the merger by the general meeting of such company shall not be required if the conditions laid down in article 345(6) of the Act are fulfilled.

(2) The approval by the general meeting referred to in sub-regulation (1) shall not be valid unless the extraordinary resolution is approved in accordance with the requirements of the Act and is adopted at least one (1) month after the publication of the statement referred to in regulations 10(2) and (6), as may be applicable.

(3) The general meeting of each Maltese merging company may reserve the right to make implementation of the cross-border merger conditional on express ratification by the general meeting of the arrangements decided on with respect to employee participation in the company resulting from the cross-border merger.