S.L. 386.28 Art. 31Without prejudice to other applicable legislation. S.L. 379.08. 

These regulations are without prejudice to:

(a) the application of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings;

(b) the Control of Concentrations Regulations promulgated under the Competition Act;

(c) the application of Community legislation regulating credit intermediaries and other financial undertakings and any law in force in Malta made or introduced pursuant to such community legislation.

FIRST SCHEDULE

COMPANIES ACT (CROSS-BORDER MERGERS OF LIMITED LIABILITY COMPANIES) REGULATIONS, 2023

Application by Board of Directors to obtain a pre-merger certificate in terms of Regulation 17(1)

Form - MERGER

Company Reg. No. ..............................

Name of Company .......................................................................

Delivered by ..............................................................................

To the Registrar of Companies: We / I (a) ……………………………….................. hereby submit the application in accordance with Regulation 17(1) of the Companies Act (Cross-Border Mergers of Limited Liability Companies) Regulations, 2023, in order to obtain the pre-merger certificate of (b) ………………………………….. having registration number (c) …………………………………

We / I (d) confirm that the company has followed the procedures provided for by the Companies Act (Cross-Border Mergers of Limited Liability Companies) Regulations, 2023, and the documents referred to in terms of Regulation 17(2) are hereby attached.

Employee consultation in terms of the applicable legislation under the employment law framework, stipulated in regulation 7(10), has commenced/is not applicable (e).

Signature/s ................................................

Director/s

Dated this .................... day of ......................... of the year.........

This form must be completed in typed form.

(a) Delete as necessary and insert name and surname of director/s

(b) Insert company name

(c) Insert company registration number

(d) Delete as necessary

(e) Delete as necessary COMPANIES

SECOND SCHEDULE

Administrative Penalties

Regulation Default Administrative Daily Penalty Administrative Penalty 14(1) Failure to file Euro 465.87 Euro 23.29 with the Registrar the extraordinary resolution approving the cross-border merger