440 tal-2010 - Regolamenti tal-2010 li jemendaw ir-Regolamenti dwar Notifiki u Formuli Taħt it-Tieni Skeda tal-Kodiċi Ċivili

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L.N. 440 of 2010

CIVIL CODE

(CAP. 16)

Civil Code (Second Schedule) (Notifications and

Forms) (Amendment) 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

Schedule) (Notifications and Forms) (Amendment) Regulations, 2010

and these regulations shall be read and construed as one with the Civil

Code (Second Schedule) (Notifications and Forms) Regulations,

hereinafter referred to as "the principal regulations".

" Form B

CIVIL CODE, SECOND SCHEDULE

(CAP. 16)

Notice of registration of a Foreign or International Organisation

and appointment of local representative

Pursuant to article 2(4) of the Second Schedule, Civil Code and

regulation 7 of the Civil Code (Second Schedule) (Notifications and

Forms) Regulations

Name of Organisation .................................................. (the "Organisation")

Delivered by

………..................................................................................................................

To the Registrar for Legal Persons

The Organisation duly registered or established under the laws of (a)

............................ bearing registration number (b)................................ and

having a registered office at (c) ………………. hereby gives notice that it will

commence its activities in Malta on a regular basis as from (d) ..........................

and will operate from (e) .......................... .

The Organisation also gives notice that in accordance with regulation 7 of the

Civil Code (Second Schedule) (Notifications and Forms) Regulations

Name:...............................................................................

Address:..............................................................................

Identification number:...............................................................

has been appointed as local representative of the Organisation. The

Organisation confirms that the said person has accepted to so act.

Signature: .............................................

Name: ...................................................

Capacity….............................................

Dated this ................ day of ........................ of the year ...................

(a) State country under the laws of which the Organisation was established

(b) State registration number, if any

(c) State foreign registered address

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(d) State date of commencement of activities

(e) State principal address in Malta from where the Organisation will carry out

its regular activity.

This form must be accompanied by an authenticated copy of the constitutive

deed or statute if registered in the foreign jurisdiction and the relevant

registration fee and if such constitutive deed or statute is not registered, the

form must be accompanied by an authenticated copy of any certificate of

registration or similar document evidencing its existence.

It must also be accompanied by a statement of the current officers of the

organisation.".

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Regulation 5 of the principal regulations shall be

substituted by the following

"5. (1) It shall be the duty of the administrators of an

organisation to notify the Registrar for Legal Persons within

fourteen days from the date of any amendment made to the

statute of the organisation.

(2) Where the statute is amended, the persons amending

the statute shall also approve a consolidated version of the

statute, whether such amendments are done by resolution,

private writing or by notarial deed.

(3) The administrators shall be bound to deliver to the

Registrar for Legal Persons a copy of

(a) the amending document authenticated by one

administrator, when made by resolution or private writing;

or

(b) the amending document authenticated by a

Notary when made by notarial deed; and

(c) the consolidated version of the statute, duly

authenticated by a notary when it forms part of a notarial

deed and by an administrator in any other case.

(4)

Third

parties

are

entitled

to

rely

on

the

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consolidated version of the statute delivered to the Registrar of

Legal Persons at any time and the responsibility for ensuring

that the consolidated version is correct, complete and in full

compliance with the Schedule and any applicable law shall lie

with the administrators of the organisation.".

In regulation 6 of the principal regulations the words Amends

"registered office" shall be substituted by the words "registered regulation

the principal

regulations.

address".

Regulation 9 of the principal regulations shall be amended Amends

regulation 9 of

as follows

the principal

regulations.

(a)

in sub-regulation (4)(a) the words "the cell has by a

majority of the administrators" shall be substituted by the words

"the organisation has by a majority of the administrators"; and

(b)

in sub-regulation (4)(b) the words "the cell shall be

wound up by on order of the Court" shall be substituted by the

words "a cell shall be wound up on order of the Court".

Regulation 11 of the principal regulations shall be Amends

regulation 11 of

amended as follows

the principal

regulations.

(a)

in sub-regulation (2) immediately after the words

"shall be submitted to the Registrar for Legal Persons for

registration" there shall be added the words "by filing the

prescribed form"; and

(b)

in sub-regulation (5) the word "account" shall be

substituted by the word "statement".

In Form A of the Schedule to the principal regulations, Amends Form

immediately after the words "an original or authenticated copy of the A

Schedule to the

constitutive deed or statute," there shall be added the words "or in the principal

regulations.

case of a foundation created by a will, an extract of the relevant part,

duly authenticated,".

Form B of the Schedule annexed to the principal Substitutes

Regulations shall be substituted by a new Form B in the Schedule to Form

Schedule to the

principal

these regulations.

regulations.

In Form C of the Schedule to the principal regulations, Amends Form C

above the words "Notice of changes of the local representative of a of

to the principal

Foreign or International Organisation" there shall be added the regulations.

words "No. of Organisation ……………………".

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In Form D of the Schedule to the principal regulations

(a)

above the words "Notice of changes of the

officer(s) of a Foreign or International Organisation or of its

registered address in Malta" there shall be added the words "No.

of Organisation ……………………";

(b)

the words "has been appointed as administrator(s) /

treasurer(s) / secretary / …………… *" shall be substituted by

the words "has been appointed as administrator(s) / treasurer(s) /

secretary / (b) …………… *"; and

(c)

the words "registered office" shall be substituted by

the words "registered address".

In Form E of the Schedule to the principal regulations

(a)

the words "Notice of change in registered office of

an organisation" shall be substituted by the words "Notice of

change in registered address of an organisation"; and

(b)

the words "it has changed its registered office"

shall be substituted by the words "it has changed its registered

address".

In Form F of the Schedule to the principal regulations the

words "Pursuant to article 29(6), 35(4)" shall be substituted by the

words "Pursuant to article 35(4), 53(2)".

In Form G of the Schedule to the principal regulations the

words "I am not willing / unable to act*" shall be substituted by the

words "I am not willing / unable* to act".

In Form H of the Schedule to the principal regulations

(a)

the words "Notification of appointment of a

judicial representative for organisations which do not have any

administrator ordinarily resident in Malta" shall be substituted

by the words "Notification of appointment of a local

representative for organisations which do not have any

administrator ordinarily resident in Malta";

(b)

the words "ordinary resident" shall be substituted

by the words "ordinarily resident"; and

(c)

the words "*Delete as applicable" shall be added at

the end of the form.

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In Form I of the Schedule to the principal regulations

Amends Form I

of the Schedule

to the principal

(a)

the words "Notification of changes of judicial

regulations.

representative for organisations which do not have any

administrator ordinarily resident in Malta" shall be substituted

by the words "Notification of changes of local representative for

organisations which do not have any administrator ordinarily

resident in Malta";

(b)

the words "Pursuant to article 12(5)" shall be

substituted by the words "Pursuant to articles 12(5)/49(2)(i)";

and

(c)

the words "ordinary resident" shall be substituted

by the words "ordinarily resident".

In Form J of the Schedule to the principal regulations

Amends Form J

of the Schedule

to the principal

(a)

immediately after the words "legal representative

regulations.

of

the

Organisation"

there

shall

be

inserted

"(b)………………………" and the words "State name and

residence of the current legal representative" at the end of the

form shall be renumbered as (b); and

(b)

the words in sub-paragraph (a) at the bottom of the

form shall be substituted by the words "State date when new

appointment made".

In Form L of the Schedule to the principal regulations the Amends Form L

words "in terms of the said Code" shall be substituted by the words of

to the principal

"in accordance with article 47(2) of the Second Schedule to the Civil regulations.

Code".

In Form M of the Schedule to the principal regulations, the Amends Form

words "dated (a) …………….. for the voluntary winding up" shall be M

Schedule to the

substituted by the words "dated (a) …………….. for its voluntary principal

regulations.

winding up".

In Form N of the Schedule to the principal regulations, the Amends Form

words "as Administrator of …………………………" shall be N

Schedule to the

principal

substituted by the words "as Administrator of the Organisation".

regulations.

In Form P of the Schedule to the principal regulations, Amends Form P

immediately after the words "in accordance with article 64(1)" there of

to the principal

shall be added the words "of the Second Schedule to the Civil Code". regulations.

In Form S of the Schedule to the principal regulations

Amends Form S

of the Schedule

to the principal

(a)

immediately

after

the

words

"being

the

regulations.

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Administrator(s)" there shall be added the words "or

Liquidator(s)*";

(b)

the

words

"The

Administrator/Legal

representative" shall be substituted by the words "The

Administrator/Liquidator*"; and

(c)

at the end of the form, there shall be added the

words "*Delete as applicable".

In Form U of the Schedule to the principal regulations,

immediately after the words "Name of Organisation

…………………… (the "Organisation")" there shall be added the

words

"Name of Cell ……………………………. (the "Cell")".

In Form W of the Schedule to the principal regulations

(a)

the words "(a) State name of Administrator" at the

end of the Form shall be substituted by the words "State name

and residence of the Administrator"; and

(b)

the words "(b) State residence of Administrator"

shall be substituted by the words "State name of Cell".

In Form BB of the Schedule to the principal regulations

(a)

the words "and will continue as an Organisation"

shall be substituted by the words "and will continue as an

organisation"; and

(b)

before the word "Name: ……………………",

there shall be inserted the letter "(b)".

In Form DD of the Schedule to the principal regulations,

the words "an inventory" shall be substituted by the words "an

inventory*".

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