act_2020_39

MT

ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

29 Articles / Provisions · Malta

Open official source Machine-readable Markdown (.md)

Table of Provisions (29)

Preamble Art. 1 Art. 2 Art. 3 Art. 4 Amendment of article 3 of the principal Act. Art. 5 Amendment of article 8 of the principal Act. Art. 6 Art. 7 Art. 8 Art. 9 Art. 10 Art. 11 Art. 12 Art. 13 Art. 14 Art. 15 Art. 16 Art. 17 Art. 18 Art. 19 Art. 20 Art. 21 Art. 22 Art. 23 Art. 24 Art. 25 Art. 26 Art. 27 Art. 28

Statutory Text (29 Articles)

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Preamble — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

I assent.

(L.S.)

GEORGE VELLA

President

4th August, 2020

ACT No. XXXIX of 2020

AN ACT to amend the Voluntary Organisations Act, Cap. 492, and

to make consequential amendments to the Second Schedule of the Civil

Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 1 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

The short title of this Act is the Voluntary Organisations and Short title.

other Laws (Amendment) Act, 2020.

Part I

Amendments to the Voluntary Organisations Act

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 2 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

This Part amends the Voluntary Organisations Act and it shall Amendments to

be read and construed as one with the Voluntary Organisations Act, the

Organisations

hereinafter in this Part referred to as "the principal Act".

Act.

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 3 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In article 2 of the principal Act, the definition "the Minister" Amendment of

article 2 of the

shall be substituted by the following new definition

principal Act.

" " Minister" means the Minister responsible for voluntary

organisations;".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 4 Amendment of article 3 of the principal Act. — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Article 3 of the principal Act shall be amended as follows

(a) in paragraph (b) of sub-article (2) thereof, for the

words "any other person." there shall be substituted the words

"any other person:"; and

(b) immediately after paragraph (b) thereof there shall be

added the following new proviso

"Provided that administrators shall be vested

solely with one administrative role and may not exercise

the position of President, Vice President, Treasurer and

Secretary concurrently.".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 5 Amendment of article 8 of the principal Act. — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Article 8 of the principal Act shall be amended as follows

(a) in sub-article (1) thereof, for the words "to regulate

and support volunteers." there shall be substituted the words "to

regulate and support volunteers:";

(b) immediately after sub-article (1) thereof there shall

be added the following new proviso

"Provided that the Commissioner shall meet or

communicate with the members or the administrators of

the organisation, or those alleging to be members or

administrators of the said organisation, as soon as possible,

regarding any matter whatsoever, and where the

Commissioner has exhausted all possible means of

communication with the mentioned members or

administrators

of

the

voluntary

organisation

unsuccessfully, he may publish such communication in one

local newspaper, or by means of a notice in the official

website of the Office of the Commissioner for Voluntary

Organisations, or in the Gazette, as the Commissioner may

consider appropriate in the circumstances.";

(c) sub-article (3) thereof shall be re-numbered as sub-

article (4) and immediately after sub-article (2) thereof, there

shall be added the following new sub-article

"(3) The

Commissioner

shall

refuse

an

administrator or a voluntary organisation based on

confidential information disclosed by competent

authorities, if the Commissioner is satisfied that such

refusal is justified.".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 6 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In sub-article (1) of article 10 of the principal Act, for the words Amendment of

"by not later than six weeks" there shall be substituted the words "by not article

principal Act.

later than twelve (12) weeks".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 7 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Sub-article (3) of article 12A of the principal Act shall be Amendment of

article 12A of

amended as follows

the principal

Act.

(a)

in paragraph (c) thereof, the word "or" shall be

deleted;

(b) in paragraph (d) thereof, for the words "under this

Act," there shall be substituted the words "under this Act; or";

and

(c) immediately after paragraph (d) thereof there shall be

added the following new paragraph

"(e) although subject to mandatory enrolment does

not have a social purpose,".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 8 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In paragraph (c) of sub-article (1) of article 12C of the Amendment of

principal Act, the words "with the prior consent of the sub-committee article

the principal

of the Council set up in terms of article 35(13) and" shall be deleted. Act.

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 9 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Sub-article (1) of article 12D of the principal Act shall be Amendment of

article 12D of

amended as follows

the principal

Act.

(a)

in paragraph (c) thereof, the word "or" shall be

deleted;

(b) in paragraph (d) thereof, for the words "under this

Act," there shall be substituted the words "under this Act; or";

and

(c) immediately after paragraph (d) thereof there shall be

added the following new paragraph

"(e) although subject to mandatory enrolment do

not have a social purpose,".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 10 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Article 34 of the principal Act shall be amended as follows

Amendment of

article 34 of the

principal Act.

(a) in sub-article (1) thereof, the words "in the cases

referred to in article 19(2)" shall be deleted;

(b) in sub-article (2) thereof, immediately after the words

"as aforesaid," there shall be added the words "within ten (10)

days of being requested to do so,"; and

(c) immediately after sub-article (9) thereof there shall

be added the following new sub-articles

"(10) Saving the provisions of sub-article (9), the

Commissioner is entitled to obtain any information from

other entities or authorities including, but not limited to,

the Registrar for Legal Persons, the Malta Security

Service, Jobsplus, the Commissioner of Police, the

Commissioner for Revenue, the Financial Intelligence

Analysis Unit, the Asset Recovery Bureau, the Malta

Financial Services Authority and the Courts of Justice,

and also to disclose any information to such other entities

or authorities

Provided that such information may include any

other information from the Registrar of Courts and, or the

Office of the Attorney General or the Office of the State

Advocate respectively, relating to any pending criminal or

civil proceedings, with particular reference to any

information concerning the attachment, freezing,

confiscation and seizure of assets

Provided further that any privileged information

obtained by the Commissioner upon such request, shall be

used exclusively for the purposes of the powers vested in

him in terms of this article and shall not be made

accessible to the public.

(11) The Commissioner may also request any member

or administrator of the voluntary organisation, or those

claiming or alleging to be members or administrators of

the voluntary organisation concerned, to submit a conduct

certificate issued under the Conduct Certificates

Ordinance, and may refuse to issue an enrolment

certificate or withdraw any issued enrolment certificate to

such member or administrator of the voluntary

organisation who fails to provide such conduct certificate.

(12) Subject to the provisions of sub-article (3) of

article 3 of the Conducts Certificate Ordinance, the

Commissioner may, in the course of his investigations,

request a complete record of criminal convictions of any

member or administrator of a voluntary organisation. The

Commissioner may refuse to issue an enrolment

certificate, or withdraw any issued enrolment certificate,

if the person to whom the record of criminal convictions

relates refuses to give his consent as required under sub-

article (3) of article 3 of the Conducts Certificate

Ordinance.".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 11 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Article 35 of the principal Act shall be amended as follows

Amendment of

article 35 of the

principal Act.

(a) in the Maltese version of the third proviso to

paragraph (d) of sub-article (3) thereof, for the words "mal-

Kumitat għall-Affarijiet Barranin" there shall be substituted the

words "mal-Kumitat għall-Affarijiet Soċjali"; and

(b) immediately after sub-article (13) thereof there shall

be added the following new sub-article

"(14) The term of office of the Council shall be of

three (3) years and the said Council may be eligible for re-

appointment.".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 12 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In sub-paragraph (iii) of paragraph (h) of sub-article (2) of Amendment of

article 38 of the principal Act, immediately after the words "an article

principal Act.

innovative technology arrangement" there shall be added the words "as

defined in the Malta Digital Innovation Authority Act; and".

Part II

Amendments to the Civil Code

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 13 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

This Part amends the Second Schedule to the Civil Code and Amendments to

it shall be read and construed as one with the Second Schedule to the the Civil Code.

Civil Code, hereinafter in this Part referred to as the "Second Cap. 16.

Schedule".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 14 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Sub-article (4) of article 1 of the Second Schedule shall be Amendment of

article 1 of the

amended as follows

Second

Schedule.

(a) in paragraph (b) thereof, for the words "in sub-

paragraph (i)" there shall be substituted the words "in sub-

paragraph (a)(i)"; and for the words "whether for a private

benefit or not, in which case it is referred to as a "private benefit

organisation"." there shall be substituted the words "in which

case it is referred to as a "private benefit organisation"; or"; and

(b) immediately after paragraph (b) thereof there shall be

added the following new paragraph

"(c) to promote any lawful purpose, in which case it

is referred to as a "private interest organisation".".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 15 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Paragraph (b) of sub-article (3) of article 10 of the Second Amendment of

article 10 of the

Schedule shall be amended as follows

Second

Schedule.

(a) for the words "is not already regulated" there shall be

substituted the words "is not regulated";

(b) for the words "the following shall apply:" there shall

be substituted the words "the following rules shall apply, unless

the legal organisation opts that accounts are drawn up, prepared,

reviewed and published for each financial period in accordance

with generally accepted accounting principles and practice, as

defined in the Accountancy Profession Act, or subject to the

advice of a certified public accountant and auditor, by some

other principles and practices, as may be chosen from time to

time by the administrators:";

(c) in sub-paragraph (ii) thereof, the words "in the case

of organisations, which promote a form of private benefit" shall

be substituting by the following

"(ii) in

the

case

of

private

interest

foundations:";

(d) paragraph B of sub-paragraph (ii) thereof shall be

substituted by the following

"B. in the cases mentioned in article 31C, any

guidelines as may be issued from time to time by the

competent authorities, relating to trusts and

trustees;";

(e)

in paragraph C of sub-paragraph (ii) thereof

(i) the words "promoting a form of private

benefit" shall be deleted; and

(ii) for the words "sub-paragraphs A and B",

there shall be substituted the words "paragraph A";

(f) paragraph D of sub-paragraph (ii) thereof shall be

substituted by the following

"D. in all other cases of associations where

the members are not all limited liability companies,

sub-article (1) and (2) and any relevant regulations

shall apply and, in the absence of specific

regulations, the accounting rules and conventions

relating to civil partnerships shall apply."; and

(g)

the proviso of sub-paragraph (ii) thereof shall be

deleted.

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 16 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Sub-article (3) of article 20 of the Second Schedule shall be Amendment of

article 20 of the

amended as follows

Second

Schedule.

(a) in paragraph (a) thereof, for the words "for public

benefit purposes and, or public interest beneficiaries" there shall

be substituted the words "exclusively for public benefit on a non-

profit making basis, or other legitimate purpose excluding

private interest and may include public interest beneficiaries;";

and

(b) paragraph (b) thereof shall be substituted by the

following

"(b) in the case of a private interest foundation, for

private purposes including any commercial, administrative,

security or transactional purposes, including purposes

ancillary thereto, in particular those referred to in article

31B of this Schedule.".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 17 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In sub-paragraph (ii) of paragraph (c) of sub-article (4) of Amendment of

article 29 of the Second Schedule, for the words "private foundation" article

Second

there shall be substituted the words "private interest foundation".

Schedule.

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 18 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Article 31 of the Second Schedule shall be amended as Amendment of

article 31 of the

follows

Second

Schedule.

(a) in paragraph (a) of sub-article (1) thereof, for the

words "private foundation" there shall be substituted the words

"private interest foundation"; and

(b) in sub-article (9) thereof, for the words "private

foundation" there shall be substituted the words "private interest

foundation".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 19 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In sub-article (d) of article 31A of the Second Schedule, for Amendment of

the words "private foundation" there shall be substituted the words article

the Second

"private interest foundation".

Schedule.

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 20 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Article 31B of the Second Schedule shall be amended as Amendment of

article 31B of

follows

the Second

Schedule.

(a) in the marginal note thereof for the words "Private

foundations" there shall be substituted the words "Private

interest foundations";

(b) in sub-article (1) thereof, for the words "Private

foundations" there shall be substituted the words "Private

interest foundations"; and in the paragraph immediately

following the proviso of paragraph (b) thereof

(i) for the words "a private foundation" there

shall be substituted the words "a private interest

foundation";

(ii) in the Maltese version, for the words "li la

tikkwalifika bħala" there shall be substituted the

words "Għall-fini ta’ dan l-artikolu, fondazzjoni

privata tfisser fondazzjoni li la tikkwalifika bħala";

and

(iii) for the words "for a lawful purpose as

defined in terms of the provisions of the Voluntary

Organisations Act." there shall be substituted the

words "for a legitimate purpose and any reference to

a foundation in terms of this article shall be construed

as a reference to a private interest foundation.";

(c) in sub-article (2) thereof, for the words "a private

foundation:" there shall be substituted the words "a private

interest foundation:";

(d)

in sub-article (3) thereof

(i) for the words "a private foundation may:" there

shall be substituted the words "a private interest foundation

may:"; and

(ii) in paragraph (d), immediately after the words

"an innovative technology arrangement" there shall be

added the words "as defined in the Malta Digital

Innovation Authority Act;";

(e)

sub-article (5) thereof shall be amended as follows

(i)

in paragraph (e), the word "or" shall be deleted;

(ii) paragraph (f) shall be renumbered as paragraph

(g); and

(iii) immediately after paragraph (e) there shall be

added the following new paragraph

"(f) to issue tokens and carry out any

trading activity resulting from such foundations

owning, administering or otherwise operating an

innovative technology arrangement, as defined

in the Malta Digital Innovation Authority Act;

or".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 21 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In paragraph (b) of sub-article (2) of article 32A of the Second Amendment of

Schedule, immediately after the words "an innovative technology article

32A of

the Second

arrangement" there shall be added the words "as defined in the Malta Schedule.

Digital Innovation Authority Act".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 22 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In sub-article (21) of article 33 of the Second Schedule, for Amendment of

the words "a private foundation" there shall be substituted the words "a article

33 of the

Second

private interest foundation".

Schedule.

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 23 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In sub-article (2) of article 38 of the Second Schedule, for the Amendment of

words "to a private foundation" there shall be substituted the words "to article

38 of the

Second

a private interest foundation".

Schedule.

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 24 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In sub-article (3) of article 62 of the Second Schedule, for the Amendment of

words "a private foundation" there shall be substituted the words "a article

62 of the

Second

private interest foundation".

Schedule.

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 25 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

In sub-article (3) of article 64 of the Second Schedule, for the Amendment of

words "a private foundation" there shall be substituted the words "a article

64 of the

Second

private interest foundation".

Schedule.

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 26 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Article 69 of the Second Schedule shall be amended as Amendment of

article 69 of the

follows

Second

Schedule.

(a) for the words "of the Voluntary Organisations

(Amendment) Act, 2018", wherever they occur, there shall be

substituted the words "Act XXXVI of 2018"; and

(b) for the words "of the Voluntary Organisations Act"

there shall be substituted the words "Act XXXVI of 2018".

Part III

Amendments to the Trusts and Trustees Act

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 27 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

This Part amends the Trusts and Trustees Act and it shall be Amendments to

read and construed as one with the Trusts and Trustees Act, hereinafter the

Trusts and

Trustees Act.

in this Part referred to as "the principal Act".

Malta Government Gazette — Act 2020 39 · Gazzetta tal-Gvern ta’ Malta Nru. 20,454 – 04.08.2020 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331.

Art. 28 — ACT No. XXXIX of 2020 AN ACT to amend the Voluntary Organisations Act, Cap. 492, and to make consequential amendments to the Second Schedule of the Civil Code, Cap. 16, and the Trusts and Trustees Act, Cap. 331. Open official source

Sub-article (12) of article 43 of the principal Act shall be Amendment to

article 43 of the

amended as follows

principal Act.

(a) in paragraph (b) thereof, for the words "private

foundation," there shall be substituted the words "private interest

foundation,"; and

(b) in the last paragraph thereof, for the words " "private

foundation" "there shall be substituted the words " "private

interest foundation" ".

Passed by the House of Representatives at Sitting No. 366 of the

29th July, 2020.

CLAUDETTE BUTTIGIEG

Deputy Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€1.08