Regulations, 2017

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,843, 8 ta’ Awwissu, 2017

L.N. 202 of 2017.

COMPANIES ACT

(CAP. 386)

Companies Act (System of Interconnection of Registers)

Regulations, 2017

IN EXERCISE of the powers conferred by article 425(1)(m) of

the Companies Act, the Minister responsible for Finance has made the

following regulations:-

(1) The title of these regulations is Companies Act Citation and

Scope.

(System of Interconnection of Registers) Regulations, 2017.

(2) The purpose of these regulations is to implement Directive

2012/17/EU of European Parliament and of the Council of 13 June

2012 amending Council Directive 89/666/EEC and Directives 2005/

56/EC and 2009/101/EC of the European Parliament and of the

Council as regards the interconnection of central, commercial and

companies registers, and they shall be interpreted and applied

accordingly.

In these regulations, unless the context otherwise requires

"Act" means the Companies Act; and

"Member States" means a Member State of the European

Union and includes an EEA State.

(1) The Registrar shall make publicly available the Information to

electronic copies of the documents which he is required to retain and be

publicly

register in terms of article 401(1)(d) of the Act as well as the available.

particulars of each company through the system of interconnection of

registers.

(2) The documents and particulars referred to in sub-regulation

(1) will be available in a standard message format and will be

accessible by electronic means while ensuring that the minimum

standards for the security of data transmission are respected.

(3) The following particulars shall be made available free of

charge

(a)

the name and legal form of the company;

(b) the registered office of the company and the Member

State where it is registered; and

(c) the registration number of the company.

(4) The Registrar may charge a fee for the provision, through

the system of interconnection of registers, of documents and other

particulars referred to in sub-regulation (1) which fee shall not exceed

the administrative costs thereof.

(1) Information on the opening and termination of any

winding up or insolvency proceedings of a company and on the

striking off of the name of a company shall be made available without

delay and free of charge through the register of the company through

the system of interconnection of registers.

(2) In the case of a company registered in another Member

State which has established a branch or place of business within Malta

and in respect of which the Registrar has registered the documents

mentioned in article 385 of the Act (the oversea company), the

Registrar shall, through the system of interconnection of registers,

ensure receipt without delay of the information referred to in sub-

regulation (1) regarding the oversea company.

The Registrar shall make publicly available through the

system of interconnection of registers the documents and particulars

mentioned in article 385 (1), 387 and 399A of the Act.

(1) Where a Maltese merging company is the company

resulting from the merger, and the cross-border merger has taken

effect, the Registrar shall notify through the system of interconnection

of registers without delay the register or registers of the foreign

merging companies that the merger has taken effect.

(2) Where the Registrar is notified through the system of

interconnection of registers that a cross-border merger has taken effect

and the Maltese merging company is a company being acquired, the

Registrar shall strike off the name of the Maltese merging company

from the register.

(1) The Registrar shall ensure that in order to facilitate

the communication between registers through the system of

interconnection of registers a unique identifier shall be assigned to

each company registered in Malta and each oversea company

constituted or incorporated in another Member State which has

established a branch or place of business in Malta in terms of Part XI

of the Act.

(2) The unique identifier shall comprise the letter MT and the

registration number assigned to the company or to the oversea

company in the register of commercial partnerships in Malta, and in

the case of an oversea company the identifier shall also include

elements to identify the Member State of the domestic register of

origin.

B

€0.18