Cap. 16 Art. 22AContinuation in Malta of a foreign organisation.

(1) An organisation formed and incorporated or registered under the laws of a state within the European Union or the

European Economic Area other than Malta which is similar in nature to an organisation -

(a) governed by this Schedule; or

(b) governed by any special law which does not, itself or by virtue of regulations, provide for continuation, may, if it is authorised to do so by its constitutive instrument or statute, or by the applicable law in its state of registration, request the Registrar to be registered as being continued in Malta.

This article shall also apply in the case of such an organisation incorporated or registered under the law of any other country or jurisdiction which is approved by notice as may be issued and reviewed, from time to time, by the Minister.

(2)When registered in Malta, the foreign organisation shall be registered in the same legal form which it has under the law of the foreign country or jurisdiction. In the event that a similar form does not exist under the laws of Malta, the applicant shall select a form as similar as possible to the one being continued in Malta and shall designate the form selected. (3)Where the continuation in Malta of foreign organisations taking a particular form is regulated by a special law, the provisions of this article shall not apply. (4)The continuation in Malta of a foreign organisation shall require:

(a) the adoption of Maltese law to govern the statute from the time of registration under this Schedule; and

(b) the compliance with:

(i) all matters required for the relevant legal form of organisation to be established and registered under this Schedule;

(ii) all matters required under any other applicable law relating to its activities or its administrators;

(iii) any other procedures or formalities which may be stated in the statute of the organisation: Provided that if the statute does not address the subject or vest powers relating to continuation in any person or body, it shall be presumed that compliance shall be with a resolution of the board of administrators or equivalent or if the organisation is an association of persons, a resolution of the members having the support required under the statute or, if silent, with applicable law for decisions on matters considered to be extraordinary or special; and

(iv) any requirements which may be prescribed from time to time. (5)The Registrar may request such undertakings, activities, documentation and other information from the applicant to satisfy himself of compliance with the provisions of this article and the laws of the relevant foreign country and may impose such conditions as appears appropriate to him for the publicity of such procedure in Malta and any other relevant state, for the avoidance of fraud or abuse and for the protection of beneficiaries, members or creditors of the organisation. (6)An organisation registered under this Schedule may continue in any state within the European Union or the European Economic Area when it is authorised to do so by its constitutive instrument or statute. In such case, and after the relevant procedures are followed, the Registrar shall proceed to terminate the registration of such organisation under this Schedule on such basis. (7)The registration fees set out in the Civil Code (Second Schedule) (Fees) Regulations relating to the registration of an organisation shall apply to foreign organisations mutatis mutandis requesting to be registered as being continued in Malta.