Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 371.12 · Credit Institutions (Reorganisation And (S.L. 371.12)

S.L. 371.12 Art. 14Publication of decision to open winding-up procedures by liquidator or Court. Cap. 386. Cap. 383.

PART II - WINDING-UP PROCEEDINGS

In KraftAmtlicher Text

(1) The liquidator or any other person appointed for this purpose by the Court shall at the earliest opportunity make their decision to open winding-up proceedings public by publishing an extract from the decision ordering the winding-up proceedings in:

(a) the Malta Government Gazette;

(b) any two Maltese newspapers, provided that one extract is published in the English language and the other is published in the Maltese language;

(c) the Official Journal of the European Communities, provided that third party rights in any host State are capable of being affected by the winding-up proceedings; and

(d) two national newspapers in each host State, provided that third party rights in the host State are capable of being affected by the winding-up proceedings.

(2) The publication made pursuant to subregulation (1)(a) to (d), shall at least specify:

(a) that winding-up proceedings have commenced in relation to a Maltese credit institution;

(b) the applicable time limits for the winding-up proceedings, if any;

(c) the penalties laid down in regards to any time limits, if any;

(d) the full address of the body or authority empowered to accept claims or observations relating to claims and the other measures laid down; and

(e) as to whether creditors whose claims are preferential or secured need lodge their claims. in rem

(3) The information set out in subregulation (1) shall be published in English or in both English and Maltese.

(4) A form shall also be used bearing, in all the official languages of the European Union, the heading ''Invitation to lodge a claim. Time limits to be observed.''.

(5) The duties provided for in this regulation are without prejudice to the duties of the Registrar of Courts in article 401 of the Companies Act and to the duties of the Controller in article 4 of the Controlled Companies (Procedure for Liquidation) Act.