S.L. 386.12 Art. 11Documents which members are entitled to inspect.

(1) All members of a Maltese merging company are entitled to inspect the following documents at the registered office of the company at least one month before the date fixed for the general meeting which is to decide on the draft terms of cross-border merger:

(a) the common draft terms of cross-border merger;

(b) the annual accounts and the annual reports of each merging company for the preceding three financial years;

(c) an accounting statement, drawn up by each merging company as at a date which shall not be earlier than the first day of the third month preceding the date of the draft terms of the merger, if the latest annual accounts relate to an accounting period which ended more than six months before that date;

(d) the report of the directors relating to the Maltese merging company or companies prepared pursuant to regulation 8;

(e) the report of the independent experts relating to the Maltese merging company or companies prepared pursuant to regulation 9.

(2) The accounting statement provided for in sub-regulation (1)(c) of shall be drawn up using the same methods and the same layout as used for the latest balance sheet: Provided that -

(a) it shall not be necessary to take a fresh physical inventory; and

(b) the valuations shown in the latest balance sheet shall be altered only to reflect entries in the accounting records. Notwithstanding the provisions of paragraphs (a) and (b), interim depreciation and provisions as well as material changes in actual values not shown in the accounting records shall be taken into account.

(3) Every member shall be entitled to obtain, on request and free of charge, full or, if so desired, partial copies of the documents mentioned in sub-regulation (1).