Cap. 386 Art. 384Application of articles 385 to 389.

Articles 385 to 389 shall apply to all companies, commercial partnerships, as well as other legal organisations enjoying legal personality which have characteristics similar to companies and commercial partnerships constituted or incorporated outside Malta

(hereinafter in this Chapter and in Chapter III of this Part referred to as "oversea companies") which establish a branch or place of business within Malta. to 385. (1) Oversea companies which, on or after the appointed day, establish a branch or place of business within Malta shall, within one month of the establishment of the place of business, deliver to the Registrar for registration -

(a) an authentic copy of the charter, statutes or memorandum and articles of the oversea company or other instrument constituting or defining the constitution of the oversea company, and, if the instrument is not written in the English or Maltese language, a translation thereof into either of such languages, certified to be a correct translation in such manner as may be prescribed;

(b) a list of the directors and company secretary, if any, or of the persons vested with the administration of the oversea company, where that company does not have directors or a company secretary, and, in all cases, a list of the persons vested with the representation of the oversea company. Such lists shall include the following particulars:

(i) in the case of an individual, his name, his usual residential address, his nationality and his business occupation; and

(ii) in the case of a body corporate, its registered or corporate name and registered or principal office;

(c) a return containing the following particulars:

(i) the name under which the branch or place of business is carrying on its activities where different from the name of the oversea company;

(ii) the address of the branch or place of business established in Malta by the oversea company, and where more than one branch or place of business has been established, there shall be indicated the address of the principal branch or place of business;

(iii) the activities to be carried out by the branch or place of business established in Malta;

(iv) the names and addresses of one or more individuals resident in Malta authorised to represent the oversea company for the activities of the branch or place of business established in Malta; and

(v) the extent of the authority of any individual falling within sub-paragraph (iv), including whether that individual is authorised to act alone or jointly with others, and in the latter case, the name of any person with whom he is authorised to act;

(d) unless disclosed by the document specified in paragraph (a), a return containing the following particulars about the oversea company:

(i) the legal form of the oversea company; and

(ii) the identity of the register in which the oversea company is registered and the number with which it is so registered.

(2) Oversea companies constituted or incorporated outside Malta which, before the appointed day, have been duly registered with the Registrar in accordance with the provisions of Part VIII of the Ordinance, shall be deemed to be registered in accordance with the provisions of this Part: Provided that oversea companies which have, before the appointed day, established a branch or place of business within Malta and continue to have an established branch or place of business within Malta on the appointed day, shall comply with the provisions of this Part and in particular shall deliver to the Registrar for registration the documents and particulars specified under sub-article (1)(a), (b) and (c) within six months of the appointed day, unless they have already registered such documents and particulars under the Ordinance.