439 tal-2010 - Regolamenti tal-2010 dwar Drittijiet li jitħallsu taħt it-Tieni Skeda tal-Kodiċi Ċivili

VER|JONI ELETTRONIKA

L.N. 439 of 2010

CIVIL CODE

(CAP. 16)

Civil Code (Second Schedule) (Fees) Regulations, 2010

BY VIRTUE of the powers conferred by article 24 of the

Second Schedule of the Civil Code, the Minister responsible for

justice, has made the following regulations

The title of these regulations is the Civil Code (Second Title.

Schedule) (Fees) Regulations 2010.

Fees

Initial Registration Fee

A Registration Fee shall be payable

on application to register an

organisation as follows

(a) where the initial and any

additional assets of the

organisation on the date of

registration

(i)

do not exceed

€350

€1,500

(ii)

exceed €1,500 but

€350 with the addition of €23

do not exceed

for each €1,000 or part thereof

€3,000

in excess of €1,500

(iii)

exceed €3,000 but

€420 with the addition of €11

do not exceed

for each €1,000 or part thereof

€10,000

in excess of €3,000

(iv)

exceed €10,000

€652 with the addition of €11

but do not exceed

for each €11,646 or part

€20,000

thereof in excess of €10,000

(v)

exceed €20,000

€815 with the addition of €11

for each €11,646 or part

thereof in excess of €20,000

up to a maximum of €1,747

and the same fees shall be

applicable on notice of the

establishment of any cell

within any organisation.

VER|JONI ELETTRONIKA

Provided that such fees as are

paid on an application for

registration

shall

be

refundable

should

the

applicant later decide to

withdraw the application

prior to registration but this

shall be subject to the

deduction

of

an

administration fee of 10% of

the fees paid on application

for processing the application

to such date but no such fee

shall be charged in the case of

an

enrolled

voluntary

organisation.

(b) in respect of organisations

(and any cells thereof),

including

foreign

or

international organisations,

which declare that they are

enrolled or are in the process

of being enrolled with the

Commissioner of Voluntary

Organisations, the fees in this

Schedule shall be reduced to

10% of the above sums with a

minimum of €35

(c) Registration of a conversion of

an organisation being converted

from –

(i)

an

organisation

registered

as

a

foundation to an

association

€35

(ii)

a foundation to a

trust

€35

(d) Registration

of

an

amalgamation of two or more

organisations into one

€35

VER|JONI ELETTRONIKA

(e) Registration of a division of

an organisation into two or

more organisations

€35

(f) Registration of a foreign or

international organisation

€350

Annual Registration Fee

The Annual Fee is due on the

anniversary of the date of

registration and shall be payable

on the assets of the organisation

on such date

(a) Private organisations and

purpose organisations which

are not enrolled with the

Commissioner for Voluntary

Organisations whose net

assets

(i)

do not

exceed

€1,500

€163

(ii)

exceed €1,500 but

do not exceed

€10,000

€326

(iii)

exceed €10,000

but do not exceed

€20,000

€490

(iv)

exceed €20,000

€650

and the same fees shall be

applicable to any cell of an

organisation.

(b) Social purpose and non-profit

€10

organisations and any cells

thereof, including foreign or

international organisations,

which are enrolled with the

Commissioner for Voluntary

Organisations.

VER|JONI ELETTRONIKA

(c) Foreign

or international

organisations

€350

Provided that such fees shall not

be due if at the time when the

annual fee becomes due a notice

of winding up or cancellation has

been filed at the Public Registry

or the organisation is otherwise in

the process of being wound up or

having its registration cancelled.

Physical inspection of documents

€2.33

Certificate of Registration or, in

case of foreign or international

organisations,

written

confirmation of registration

€23

Good standing certificates

€23

Mitbug] fl-Istamperija tal-Gvern fuq karta ri`iklata - Printed at the Government Printing Press on recycled paper

€0.09

The fees prescribed in the Schedule shall be the fees to be Fees.

levied in relation to the registration of organisations and all ancillary

matters.

Where the assets of an organisation are expressed in a Currency.

currency other than euro, the fees prescribed by these regulations, in

relation to the registration of documents, shall be levied on the basis

of the euro equivalent of such other currency, calculated on the date

on which a document is delivered, given to or served on the Registrar

for registration; and the exchange rate to be used shall be the middle

rate of exchange set by the European Central Bank on the date

aforesaid.

(1)

For the calculation by the Registrar of the value of Declaration.

the assets which may exist within an organisation at the date of

registration or the value of the assets at the date when the annual fee

is due, the administrators shall submit a declaration in writing

declaring such value. Such declaration shall be based on the latest

accounts of the organisation and may be adjusted by material events,

which may be known to the administrators, which have affected the

value of the assets held by the organisation at the relevant time. In the

event that it is not possible to calculate the value of the assets of the

organisation as aforesaid, the applicable fee shall be the maximum fee

applicable in terms of the Schedule.

(2) When the organisation has established any cell, the value

of assets for the purposes of these regulations and the payment of the

relative initial and annual registration fees shall be calculated

separately and shall apply to each cell independently of the

organisation itself and of other cells.

VER|JONI ELETTRONIKA

(3) The Registrar shall rely on such declaration made by the

administrators.

(4) For the determination as to whether an organisation is

enrolled, or is in the process of being enrolled, with the

Commissioner for Voluntary Organisations, the Registrar shall rely on

a certified copy of the certificate of enrolment or in its absence a

declaration by the administrators of the organisation.

(5) If an organisation which was in the process of being

enrolled as a voluntary organisation does not subsequently become

enrolled for any reason, the administrators shall notify the Registrar

of such event in writing within three months of a final decision

against enrollment of the organisation as a voluntary organisation and

the difference in fees due shall be paid to the Registrar in accordance

with these regulations.

(6) Should the administrators make any false declaration or

fail to give notice with regard to the matters stated in this regulation,

the administrators shall be jointly and severally liable with the

organisation for the difference in fees due and this apart from any

other sanction to which they may be subject under applicable law.

On filing the application to register, the applicant

organisation may notify the Registrar in writing of a date later than

the anniversary of its registration as the date on which the annual fees

shall be payable in subsequent years. In such case the applicant shall

pay such pro rata fees, to be calculated by the Registrar based on the

date of registration, as shall be due for the additional period between

the anniversary date of registration and the selected later date.

The Civil Code (Second Schedule) (Fees) Regulations,

2008, are hereby revoked.

VER|JONI ELETTRONIKA