147 tal-2008 - Regolamenti tal-2008 dwar Amalgamazzjoni ta’ Organizzazzjonijiet

L.N. 147 of 2008

CIVIL CODE

(CAP. 16)

Amalgamation of Organisations Regulations, 2008

BY VIRTUE of the powers conferred by article 22(1) of the

Second Schedule of the Civil Code (Cap. 16), the Minister for Justice

and Home Affairs has made the following regulations:-

The title of these regulations is the Amalgamation of Citation.

Organisations Regulations, 2008.

In these regulations, unless the context otherwise requires

Interpretation.

"association" means an association as is referred to in

article 48(1)(b) or (d) of the Second Schedule;

"organisation" shall have the same meaning as is assigned

to it in the Second Schedule;

"Second Schedule" means the Second Schedule of the Cap. 16.

Civil Code.

For the purposes of the amalgamation of two or more Article 22(1) of

organisations into one as provided in article 22(1) of the Second the

Schedule.

Schedule, the words "the provisions of the Companies Act" in the

said article 22(1) shall be read and construed as referring to the

provisions of Title II of Part VIII of the Companies Act.

For the purposes of the application, mutatis mutandis, of Extraordinary

the provisions of article 345 of the Companies Act to the resolution.

amalgamation of two or more associations, any extraordinary

resolution that may be required in terms of the Companies Act, shall

be an extraordinary resolution taken and passed by the general

meeting of an association in accordance with provisions regulating

the taking and passing of extraordinary resolutions as found in the

statute or constitutive document of the said association, and the

provisions of article 135(1) and (3) of the Companies Act shall not

apply

Provided that if the statute or constitutive document of the

association does not contain any provisions regulating the manner in

which extraordinary resolutions are to be taken and passed, the

provisions of article 135(3) of the Companies Act shall regulate the

taking and, or passing of such an extraordinary resolution.

Article 348 of the Companies Act shall not apply to the

Inapplicability

of article 348 of

amalgamation of two or more associations.

the Companies

Act.