MT
50 tal-2000 - Ordni tal-2000 dwar Manoel Island/Tignè Point bħala Żona Speċjali Msemmija
Table of Provisions (10)
Statutory Text (10 Articles)
L.N. 50 of 2000
IMMOVABLE PROPERTY (ACQUISITION BY
NON-RESIDENTS) ACT
(CAP. 246)
Manoel Islandffigne Point (Designated Special Area) Order, 2000
IN VIRTUE of the powers conferred by regulation 2 of the
Immovable Property (Designation of Special Areas) Regulations, 1993
and for the purposes of the said regulations and of the Immovable
Property (Acquisition by Non-Residents) Act, the Minister of Finance
has made the following order:-
This Order may be cited as the Manoel Islandffigne Point
(Designated Special Area) Order, 2000.
A
APPLICATION TO THE MINISTER RESPONSIBLE FOR FINANCE
BY A BODY OF PERSONS TO ACQUIRE IMMOVABLE PROPERTY
IN MALTA IN TERMS OF THE IMMOVABLE PROPERTY
(ACQUISITION BY NON-RESIDENTS) ACT
(CAP. 246)
Immovable Property (Designation of Special Areas) Regulations, 1993
Manoel Islanclffigne Point (Designated Special Area) Order, 2000.
PART I
Particulars of applicant falling under section 2(b) of the Immovable Property
(Acquisition by Non-Residents) Act, Cap. 246 (hereinafter referred to as the Act).
Name of body, association, authority etc. or other entity which is making the
1. application
2. Whether corporate or not
3. Where or under the laws of which country is it constituted, formed, established,
incorporated or registered
4. Whether it has its principal place of residence or of business outside Malta
(a) A list of all shareholders showing the number of shares held by each,
5. the citizenship of each shareholder and the place of residence; and
(b) Where the shareholder is a body, association, authority etc., all the
particulars relating to is as at (a) above
(A separate list may be attached to the Application duly signed and dated by
applicant, and a note to this effect made in the above space).
6. Whether it is in any manner directly or indirectly controlled by one or more
non-resident persons as defined by the Act
(Full particulars are to be given as necessary)
Particulars of immovable property to be acquired by non-residents.
1. Detailed description of immovable property including the type of property,
the locality and other particulars necessary to identify it and the area of the
property in square metres
2.
3. If for development, details of cost of works and estimated period for
completion of same
4. Under what title is the immovable property to be acquired
(Applicant is to submit a copy, if any. of documents in connection with the
acquisition of the property).
5. Purpose for which the immovable property is to be acquired
6. Source of funds for acquisition of immovable property
7. Any other particulars
Particulars of person from whom immovable property is being acquired.
1. Name
.
2. Address
Details of any immovable property in Malta already held or owned by applicant
under any title whatsoever
I hereby declare that the above particulars are true and correct and that the
immovable property is intended to be used for the purpose above mentioned
Date
.
Signature of Applicant
NOTE
Applicant is warned that any information given in the Application material
to the granting of permission by the Minister which is incorrect or misleading
would amongst other things as contemplated in the Act render any pertinent
deed, will or act null and void.
PART II
For official use only.
B
APPLICATION TO THE MINISTER RESPONSffiLE FOR FINANCE BY AN
INDIVIDUAL TO ACQUIRE IMMOVABLE PROPERTY IN MALTA IN TERMS OF
THE IMMOVABLE PROPERTY (ACQUISmON BY NON-RESIDENTS) ACT
(CAP. 246)
Immovable Property (Designation of Special Areas) Regulations, 1993
Manoel Islandffigne Point (Designated Special Area) Order 2000
PART I
Particulars of applicant
1. Name and surname
.
2. Place and Date of Birth
..
3. Parents' names
.
4. Profession or trade
.
5. Citizenship
.
6. Place of residence
7. Ordinary place of residence if different from above
Particulars of immovable property to be acquired by non-resident
1. Detailed description of immovable property (i) type of property, the locality,
boundaries (where necessary) and other particulars needed to identify it, (ii)
size of the property giving overall area of land in square metres, details of
buildings, and all other appurtenances and (iii) whether or not property is of
historical importance or situated in a historical area
2.
3. If for development, details of cost of works and estimated period for
completion of same
4. Under what title is the immovable property is to be acquired
(Applicant is to submit a copy, if any, of any documents in connection with
the acquisition of the property).
5. Purpose for which the immovable property is to be acquired
6. Source of funds for acquisition of immovable property
7. Any other particulars
.
Particulars of person or body of persons from whom immovable property is being
acquired
Name
1.
2. Address
Citizenship or in case of body of persons, whether "resident" in terms of the
3. Act.
Particulars of immovable property already owned or held
1. Details of any immovable property in Malta already owned or held under any
title whatsoever by applicant
2. Details of any immovable property in Malta already owned or held under any
title whatsoever by applicant's family
3. Details of any immovable property in Malta disposed of by applicant or any
member of his family during the last 10 years
I hereby declare that the particulars are true and correct.
Date
.
Signature of Applicant/Attorney
Applicant is warned that any information given in the Application material
to the granting of pennission by the Minister which is incorrect or misleading
would amongst other things as contemplated in the Act render any pertinent
deed, will or act null and void.
PART II
For official use only.
by the Minister and where the shares or interests are held by a nominee,
a new permission under the Exchange Control Act shall be obtained
prior to the transfer of any share or interest in the body of persons to
new beneficial interests and such a change in beneficial interests shall
be deemed to be a transfer of the registered shares or interests for the
purpose of the Duty on Documents and Transfers Act, 1993, and shall Act XVII
pay to the Minister the sum that would be due as duty under that Act of 1993.
and notwithstanding anything contained in the said Act.
(3) For the purposes of a permit as is referred to in paragraph
(2) of this article, an application shall be made on behalf of the person
to whom such transfer is intended to be made, giving such details or
other documentation relative to such person as apply in respect of the
original shareholders as prescribed under this Order. Such permit shall
only be granted upon the payment of the fee referred to in article 7 of
this Order.
4. (1) This Order applies to the immovable property marked IlIlIDovable
::~
on the plans referred to in article 2 of this Order.
Order applies.
(2) Each residential unit or any other immovable property
being part of the designated property may be acquired or transferred
under any title but may not be acquired, transferred or held under any
time share scheme or other similar system of multi-property.
5. (1) An application for the acquisition by a non-resident Application.
person of any immovable property in the special area or for the transfer
of shares in a body of persons holding such property, shall be made in
the form as shown in the Schedule to this Order, and shall contain such
particulars and be accompanied by such documents as are prescribed in
the said form.
(2) Applications may be made in relation to more than one
unit of immovable property in the special area, but a separate fee as
prescribed in paragraph (3) of article 3 shall be payable in respect of
each single unit.
6. (1) The immovable property to which this Order applies may, Pennissible uses.
subject to the provisions ofthis article, be put to any use permissible by
law.
(2) The provisions of paragraph (1) shall not be considered
as exempting from the provision of any law requiring any permit for a
change in land use, for the exercise of any trade or profession, or
generally to make any particular use of the immovable property.
(3) Notwithstanding the other provisions ofthis article where
the immovable property is put to residential use (whether such use is
long term or temporary) it may only be used by the owner, his friends
or family, and where the owner is a body of persons by the shareholders,
directors or employees of the company, and may be leased to third
parties.
7. The fees payable under this order shall be Lm 100 for each
unit acquired by a non-resident referred to in paragraph (1) of article 3
of this Order.
Manoel Islandffigne Point in the limits of Gzira and Sliema
in the island of Malta, as per plans Property Drawing number fifty four
stroke two thousand (PD 54/2000) and Property Drawing number fifty
five stroke two thousand (PD 5512000) in respect of lands at Manoel
Islandrrigne Point respectively marked "X" and "Y" respectively
enrolled in the records of Notary Vincent Miceli of the 3rd March, of
the year two thousand (2000) (hereinafter referred to as the Special Area)
are hereby designated as a Designated Special Area for the purposes of
the Immovable Property (Designation of Special Areas) Regulations,
1993.
A
APPLICATION TO THE MINISTER RESPONSIBLE FOR FINANCE
BY A BODY OF PERSONS TO ACQUIRE IMMOVABLE PROPERTY
IN MALTA IN TERMS OF THE IMMOVABLE PROPERTY
(ACQUISITION BY NON-RESIDENTS) ACT
(CAP. 246)
Immovable Property (Designation of Special Areas) Regulations, 1993
Manoel Islanclffigne Point (Designated Special Area) Order, 2000.
PART I
Particulars of applicant falling under section 2(b) of the Immovable Property
(Acquisition by Non-Residents) Act, Cap. 246 (hereinafter referred to as the Act).
Name of body, association, authority etc. or other entity which is making the
1. application
2. Whether corporate or not
3. Where or under the laws of which country is it constituted, formed, established,
incorporated or registered
4. Whether it has its principal place of residence or of business outside Malta
(a) A list of all shareholders showing the number of shares held by each,
5. the citizenship of each shareholder and the place of residence; and
(b) Where the shareholder is a body, association, authority etc., all the
particulars relating to is as at (a) above
(A separate list may be attached to the Application duly signed and dated by
applicant, and a note to this effect made in the above space).
6. Whether it is in any manner directly or indirectly controlled by one or more
non-resident persons as defined by the Act
(Full particulars are to be given as necessary)
Particulars of immovable property to be acquired by non-residents.
1. Detailed description of immovable property including the type of property,
the locality and other particulars necessary to identify it and the area of the
property in square metres
2.
3. If for development, details of cost of works and estimated period for
completion of same
4. Under what title is the immovable property to be acquired
(Applicant is to submit a copy, if any. of documents in connection with the
acquisition of the property).
5. Purpose for which the immovable property is to be acquired
6. Source of funds for acquisition of immovable property
7. Any other particulars
Particulars of person from whom immovable property is being acquired.
1. Name
.
2. Address
Details of any immovable property in Malta already held or owned by applicant
under any title whatsoever
I hereby declare that the above particulars are true and correct and that the
immovable property is intended to be used for the purpose above mentioned
Date
.
Signature of Applicant
NOTE
Applicant is warned that any information given in the Application material
to the granting of permission by the Minister which is incorrect or misleading
would amongst other things as contemplated in the Act render any pertinent
deed, will or act null and void.
PART II
For official use only.
B
APPLICATION TO THE MINISTER RESPONSffiLE FOR FINANCE BY AN
INDIVIDUAL TO ACQUIRE IMMOVABLE PROPERTY IN MALTA IN TERMS OF
THE IMMOVABLE PROPERTY (ACQUISmON BY NON-RESIDENTS) ACT
(CAP. 246)
Immovable Property (Designation of Special Areas) Regulations, 1993
Manoel Islandffigne Point (Designated Special Area) Order 2000
PART I
Particulars of applicant
1. Name and surname
.
2. Place and Date of Birth
..
3. Parents' names
.
4. Profession or trade
.
5. Citizenship
.
6. Place of residence
7. Ordinary place of residence if different from above
Particulars of immovable property to be acquired by non-resident
1. Detailed description of immovable property (i) type of property, the locality,
boundaries (where necessary) and other particulars needed to identify it, (ii)
size of the property giving overall area of land in square metres, details of
buildings, and all other appurtenances and (iii) whether or not property is of
historical importance or situated in a historical area
2.
3. If for development, details of cost of works and estimated period for
completion of same
4. Under what title is the immovable property is to be acquired
(Applicant is to submit a copy, if any, of any documents in connection with
the acquisition of the property).
5. Purpose for which the immovable property is to be acquired
6. Source of funds for acquisition of immovable property
7. Any other particulars
.
Particulars of person or body of persons from whom immovable property is being
acquired
Name
1.
2. Address
Citizenship or in case of body of persons, whether "resident" in terms of the
3. Act.
Particulars of immovable property already owned or held
1. Details of any immovable property in Malta already owned or held under any
title whatsoever by applicant
2. Details of any immovable property in Malta already owned or held under any
title whatsoever by applicant's family
3. Details of any immovable property in Malta disposed of by applicant or any
member of his family during the last 10 years
I hereby declare that the particulars are true and correct.
Date
.
Signature of Applicant/Attorney
Applicant is warned that any information given in the Application material
to the granting of pennission by the Minister which is incorrect or misleading
would amongst other things as contemplated in the Act render any pertinent
deed, will or act null and void.
PART II
For official use only.
(1) This Order shall apply to non-resident persons falling
under the definition in paragraph (a) of the definition of "non-resident
person" in section 2 of the Immovable Property (Acquisition by Non-
Residents) Act (hereinafter in this Order referred to as "the Act") and to
non-resident persons falling under paragraph (b) of the said definition
but only where none of the shares or interests in such body of persons
are issued or transferable by delivery to bearer
Provided that the interest or shares in any such eiltity may be
held and registered in the name of a nominee, resident in Malta, provided
such nominee obtains permission under such conditions as the Minister
may deem appropriate to issue in accordance with subsection (2) of
section 17 of the Exchange Control Act.
(2) Where the non-resident person is a body of persons as
defined in paragraph (1) of this article, it shall be a condition of the
permit that the shares or interests in the said body of persons shall not
be transferable to any person inter vivos without the permit in writing
by the Minister and where the shares or interests are held by a nominee,
a new permission under the Exchange Control Act shall be obtained
prior to the transfer of any share or interest in the body of persons to
new beneficial interests and such a change in beneficial interests shall
be deemed to be a transfer of the registered shares or interests for the
purpose of the Duty on Documents and Transfers Act, 1993, and shall Act XVII
pay to the Minister the sum that would be due as duty under that Act of 1993.
and notwithstanding anything contained in the said Act.
(3) For the purposes of a permit as is referred to in paragraph
(2) of this article, an application shall be made on behalf of the person
to whom such transfer is intended to be made, giving such details or
other documentation relative to such person as apply in respect of the
original shareholders as prescribed under this Order. Such permit shall
only be granted upon the payment of the fee referred to in article 7 of
this Order.
(1) This Order applies to the immovable property marked IlIlIDovable
::~
on the plans referred to in article 2 of this Order.
Order applies.
(2) Each residential unit or any other immovable property
being part of the designated property may be acquired or transferred
under any title but may not be acquired, transferred or held under any
time share scheme or other similar system of multi-property.
(1) An application for the acquisition by a non-resident Application.
person of any immovable property in the special area or for the transfer
of shares in a body of persons holding such property, shall be made in
the form as shown in the Schedule to this Order, and shall contain such
particulars and be accompanied by such documents as are prescribed in
the said form.
(2) Applications may be made in relation to more than one
unit of immovable property in the special area, but a separate fee as
prescribed in paragraph (3) of article 3 shall be payable in respect of
each single unit.
(1) The immovable property to which this Order applies may, Pennissible uses.
subject to the provisions ofthis article, be put to any use permissible by
law.
(2) The provisions of paragraph (1) shall not be considered
as exempting from the provision of any law requiring any permit for a
change in land use, for the exercise of any trade or profession, or
generally to make any particular use of the immovable property.
(3) Notwithstanding the other provisions ofthis article where
the immovable property is put to residential use (whether such use is
long term or temporary) it may only be used by the owner, his friends
or family, and where the owner is a body of persons by the shareholders,
directors or employees of the company, and may be leased to third
parties.
The fees payable under this order shall be Lm 100 for each
unit acquired by a non-resident referred to in paragraph (1) of article 3
of this Order.