Cap. 386 Art. 69Contents of memorandum.

(1) The memorandum of every company shall state:

(a) whether the company is a public company or a private company;

(b) the name and residence of each of the subscribers thereto;

(c) the name of the company;

(d) the registered office in Malta and the electronic mail address of the company;

(e) the objects of the company;

(f) the amount of share capital with which the company proposes to be registered (hereinafter referred to as "the authorised capital"), the division thereof into shares of a fixed amount, the number of shares taken up by each of the subscribers and the amount paid up in respect of each share and, where the share capital is divided into different classes of shares, the rights attaching to the shares of each class;

(g) the number of the directors, the name and residence of the first directors and, where any of the directors is a body corporate, the name and registered or principal office of the body corporate, the manner in which the representation of the company is to be exercised, and the name of the first person or persons vested with such representation;

(h) the name and residence of the first company secretary or secretaries, or where a company secretary is a body corporate, the name, registration number and registered office of the body corporate;

(i) the period, if any, fixed for the duration of the company.

(2) In the case of a public company, there shall be annexed to the memorandum a document providing:

(a) the total amount or an estimate of all the costs payable by the company or chargeable to it by reason of its formation up to the time it is authorised to commence business, and of all the costs relating to transactions leading to such authorisation; and

(b) a description of any special advantage granted prior to the time the company is authorized to commence business to anyone who has taken part in the formation of the company or in transactions leading to such authorisation: Provided that, where in accordance with the proviso to article 77(1), a company is authorised to commence business at a date later than the date of its registration, the said document shall be delivered to the Registrar for registration within fourteen days from the date the company is authorised to commence business.

(3) Companies formed and registered before the coming into force of this sub-article shall comply with the provisions of sub-article (1)(f) on the disclosure, in the memorandum of association of the company, of the rights attaching to the shares of each different class, within twelve months from the coming into force of this sub-article: Provided that companies formed and registered before the coming into force of this sub-article shall be deemed to satisfy the requirements of sub-article (1)(f) on the disclosure, in the memorandum of association, of the rights attaching to the shares of each different class, if such provision or equivalent thereof is already incorporated in the articles of association of the company.

(4) It shall be the duty of the directors and of the company secretary to ensure that the registered electronic mail address of the company, as included in the memorandum and registered with the Registrar, is regularly monitored such that any electronic mail sent to it by the Registrar is brought to the attention of an officer of the company.