Cap. 16 Art. 31Registration of foundations.

(1) For the purpose of registration of a foundation the prescribed application form shall be submitted to the Registrar together with:

(a) in the case of a private interest foundation as defined in article 31B:

(i) an authentic copy of the constitutive instrument and the statute without the beneficiary statement, if any;

(ii) save as otherwise provided in this Schedule, the prescribed Note of Initial Registration; and

(iii) the written consent of the administrators, if any; and

(b) in all other cases, an authentic copy of the constitutive instrument and the statute and the written consent of the administrators, if any;

(2)Where the foundation is created by a public deed an authentic copy thereof is to be delivered by -

(i) the founder; or

(ii) after having accepted to act as such, the administrators; or

(iii) the Notary publishing the deed.

(3)Where the foundation is created by a will, an extract of the relevant part, duly authenticated, is to be delivered by a testamentary executor or by the heirs: Provided that a testamentary executor may deliver the same even before being confirmed by the Court to act as such. (4)Where the foundation is created by a secret will the said extract is to be delivered by the Notary publishing the secret will or by the heirs.

(5)The heirs mentioned in sub-articles (3) and (4) who do not intend to declare or who have not yet declared their intention to accept the inheritance or who have accepted the inheritance with the benefit of inventory shall nonetheless be liable for the delivery of the said extracts but such delivery shall not of itself be evidence of the acceptance or the unconditional acceptance of the inheritance. (6)The said delivery is to be effected within three months which period is to run -

(a) if the foundation is created by a public deed, from the date of such deed;

(b) if it is created by a public will, from the date of death of the founder; and

(c) if it is created by a secret will, from the date of the publication of the will.

(7) The said delivery may be made by any one of the persons mentioned in sub-articles (2), (3) and (4), or by the person designated in the statute as having the power to appoint the administrators either personally or by an authorized agent.

(8) On receipt of the documents mentioned in sub-article (1), the Registrar shall -

(a) register the foundation, on being satisfied that all the provisions of this Sub-Title have been complied with; or

(b) refuse to register the foundation, informing the applicant in writing of the reasons for such refusal: Provided that, the fact that the Registrar registers a foundation in the absence of compliance with any requirement under any special law, shall not exempt such foundation or its administrators from their obligation to comply with such law or to be subject to any penalties or proceedings which may arise from the breach of such special law.

(9) The Registrar shall have the right to require any information from any person, if such information is deemed by him to be necessary for registration of a foundation but, in the case of a private interest foundation as defined in article 31B, shall not be entitled to request a copy of the beneficiary statement from the administrators or the Notary Public: Provided that nothing in this sub-article shall limit any powers of the Malta Financial Services Authority under applicable law.

(10) If the delivery prescribed in sub-article (1) is not made within the period established in sub-article (6), the persons mentioned in sub-articles (2), (3) and (4) and the person designated in the statute as having the power to appoint the administrators shall be liable to a penalty, payable to the Registrar, of two hundred and thirty-two euro and ninety-four cents (€232.94) each: Provided that no person shall be liable for failure to observe this obligation if he is unaware of the death of the founder or any other relevant fact:

Provided further that in case of a public benefit foundation which is enrolled in accordance with the Voluntary Organisations Act , the penalty above referred to shall be reduced to twenty-three euro (€23). (11)The provisions of article 636(2) and (3) of the Code of

Organization and Civil Procedure shall apply to the extracts contemplated in this article.