S.L. 386.28 Art. 5Maltese merging company and opposition to a merger between companies registered in Malta.

(1) Unless otherwise provided for in these regulations, a Maltese merging company shall comply with the provisions and formalities of the Act, in particular those concerning the decision-

making process relating to the merger, the protection of creditors, holders of securities or shares of the said company, as well as the provisions of any other law in force in Malta concerning the rights of employees.

(2) Any law in force in Malta which empowers any authority in Malta to oppose a merger between companies registered in Malta on grounds of public interest, shall also be applicable to a cross-border merger in which a Maltese company participates:

Provided that this provision shall not prejudice the provisions of article 21 of Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings.