ACT No. XLVII of 2020 An ACT to amend the Second Schedule to the Civil Code, Cap. 16 and the Companies Act, Cap. 386 and to provide for related and ancillary provisions.

I assent.

(L.S.)

GEORGE VELLA

President

11th August, 2020

ACT No. XLVII of 2020

An ACT to amend the Second Schedule to the Civil Code, Cap. 16

and the Companies Act, Cap. 386 and to provide for related and

ancillary provisions.

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:-

The short title of this Act is the Civil Code and Various Laws Short title.

(Amendment) Act, 2020.

PART I

Amendments to the Civil Code

This Part amends the Civil Code and it shall be read and Amendments to

construed as one with the said Civil Code, hereinafter in this Part the

referred to as "the Code".

Sub-article (13) of article 1 of the Second Schedule to the Amendment to

article 1 of the

Code shall be amended as follows

Second

Schedule to the

Civil Code.

(a) in sub-paragraph (x) of paragraph (o) thereof, the

words "Minister responsible for justice" shall be substituted by

the word "Minister"; and

(b) in paragraph (r) thereof, the words "instrument shall

suffice." shall be substituted by the words "instrument shall

suffice;" and immediately thereafter there shall be added the

following new paragraphs

"(s) the words "Registrar for Legal Persons",

wherever they appear in this Schedule shall for all intents

and purposes of law be deemed to mean "The Registrar of

Companies" as defined in articles 400 and 401 of the

Companies Act;

(t) "Minister" means, unless not otherwise

specified, the Minister responsible for the registration of

limited liability companies and commercial partnerships.".

The words "Minister responsible for Justice", wherever they

occur, shall be substituted by the word "Minister".

The marginal note to article 11 of the Second Schedule to the

Code shall be substituted by the words "Duties of the Registrar".

Article 11 of the Second Schedule to the Code shall be

amended as follows

(a)

sub-articles (1) and (2) thereof shall be deleted;

(b) sub-articles (3), (4) and (5) thereof shall be

renumbered as sub-articles (1), (2) and (3) respectively; and

(c) in sub-article (3) thereof as renumbered, the words

"shall form part of the Public Registry" shall be substituted by

the words "shall form part of the Malta Business Registry".

PART II

Amendments to the Companies Act

This Part amends the Companies Act and it shall be read and

construed as one with the Companies Act, hereinafter in this Part

referred to as "the principal Act".

In paragraph (h) of sub-article (1) of article 401 of the

principal Act, the words "of such data." shall be substituted by the

words "of such data;" and immediately thereafter there shall be added

the following new paragraph

"(i) to exercise the functions of Registrar for other legal

persons as listed and specified in the Second Schedule of the

Civil Code and the subsidiary legislation made as authorised by

the said Second Schedule.".

PART III

Consequential Amendments to Subsidiary Legislation

This Part amends the Civil Code (Second Schedule) (Register Amendments to

of Beneficial Owners – Associations) Regulations and it shall be read the

(Second

and construed as one with the said Civil Code (Second Schedule) Schedule)

(Register of

(Register of Beneficial Owners – Associations) Regulations, Beneficial

Owners –

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

Associations)

Regulations.

Regulation 2 of the principal regulations shall be amended as Amendment of

regulation 2 of

follows

the principal

regulations.

(a) the definition "Minister" shall be substituted by the

following new definition

" "Minister" means the Minister responsible for the

registration of limited liability companies and commercial

partnerships;"; and

(b)

the definition "Registrar of Legal Persons" shall be

deleted.

In paragraph (d) of sub-regulation (3) of regulation 3 of the Amendment of

principal regulations, the words "Minister responsible for Justice" regulation

the principal

shall be substituted by the word "Minister".

regulations.

PART IV

Consequential Amendments to Subsidiary Legislation

This section amends the Civil Code (Second Schedule) Amendments to

(Register Of Beneficial Owners – Foundations) Regulations and it the

(Second

shall be read and construed as one with the said Civil Code (Second Schedule)

(Register Of

S c h e d u l e ) ( R e g i s t e r O f B e n e f i c i a l O w n e r s – F o u n d a t i o n s ) Beneficial

Regulations, hereinafter in this Part referred to as "the principal Owners

Foundations)

regulations".

Regulations.

Regulation 2 of the principal regulations shall be amended as Amendment of

regulation 2 of

follows

the principal

regulations.

(a) the definition "Minister" shall be substituted by the

following new definition

" "Minister" means the Minister responsible for the

registration of limited liability companies and commercial

partnerships."; and

(b)

the definition "Registrar for Legal Persons" shall be

deleted.

In paragraph (c) of sub-regulation (1) of regulation 3 of the

principal regulations, the words "Minister responsible for Justice"

shall be substituted by the word "Minister".

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

29th July, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

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