S.L. 386.17 Art. 6Transfer outside Malta.

(1) Where it is proposed to transfer the registered office of an SE from Malta to another Member State or EEA State, the directors of the SE shall draw up a transfer proposal in accordance with Article 8(2) of the EC Regulation and a report in accordance with Article 8(3) of the EC Regulation.

(2) A copy of the transfer proposal shall be delivered to the Registrar for registration and, upon registration, a notice thereof shall be published in the Gazette or on a website maintained by the Registrar and in a daily newspaper circulating wholly or mainly in Malta. The latter publication shall be made by the Registrar at the expense of the SE concerned.

(3) The SE shall decide on the transfer proposal by an extraordinary resolution which shall be taken not earlier than two months from the date of the publication referred to in sub-regulation (2).

(4) The SE shall notify in writing its shareholders and its known creditors, at their last known address, of their right to examine the transfer proposal and the report drawn up pursuant to sub-regulation (1) at its registered office and, on request, to obtain copies of those documents free of charge, by not later than one month before the general meeting called upon to decide on the transfer.

(5) Every invoice, order for goods and business letter which, at any time between the date on which the transfer proposal and report become available for inspection at the registered office of the SE and the withdrawal of the transfer proposal by the SE or the deletion of its registration on completion of the transfer, whichever occurs earlier, is issued by or on behalf of the SE shall clearly state that the SE is proposing to transfer, in terms of Article 8 of the EC Regulation, its registered office to another Member State or EEA State, which State shall therein be indicated.