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Cap. 364 · Duty On Documents And Transfers Act (Cap. 364)

Cap. 364 Art. 45Transferees causa mortis to give notice.

TITLE II

In forceOfficial text

(1)(a) A person to whom an interest in a partnership registered in Malta or shares in a company registered in Malta, are transmitted (hereinafter in causa mortis this article referred to as a "transferee causa mortis"), shall not later than such term after the happening of the transfer as may be prescribed, give notice causa mortis to the Registrar of Companies.

(b) A transferee of shares held in a company causa mortis which is registered in a jurisdiction outside Malta or of interests in a partnership registered outside Malta, having, directly or indirectly, more than 50% of its business interests in Malta, where the transferee causa mortis is ordinarily resident and domiciled in Malta, shall, not later than such term after the happening of the transfer as may be prescribed, give causa mortis notice thereof to the Commissioner: Provided that the provisos to article 47(3)(e) shall apply to the interpretation of the mutatis mutandis term "business interests in Malta".

(2) The notice referred to in sub-article (1) shall contain such particulars of the person from whom the transfer causa mortis originates and of the transferee causa mortis, the details of the shares or interest being the object of the transfer and the manner in which the shares or interest devolved on the transferee causa mortis, as may be prescribed.

(3) The Registrar of Companies shall register the notice referred to in sub-article (1)(a) in a register which shall be open to public inspection, and which shall be kept and indexed in such manner as may be prescribed.