Registry of Companies (Establishment as an Agency) Order, 2018

L.N. 144 of 2018.

PUBLIC ADMINISTRATION ACT

(CAP. 497)

Registry of Companies (Establishment as an Agency) Order, 2018

IN EXERCISE of the powers conferred by article 36 of the

Public Administration Act, the Prime Minister, has made the following

The title of this order is the Registry of Companies

(Establishment as an Agency) Order.

(1) Any reference in this order to "the Act" shall be

construed as a reference to the Companies Act and subject to the

provisions of sub article (2), the provisions of article 2 of the Act shall

also apply to this order.

(2)

In this Order, unless the context otherwise requires –

"Administration Act" means the Public Administration Act;

"Agency" means the Registry of Companies Agency

established by this order;

"Agency Agreement" means the agreement as provided for

in article 40(1) of the Administration Act;

"MFSA" means the Malta Financial Services Authority;

"Minister" means the Minister responsible for financial

regulation;

"Permanent Secretary" means the Permanent Secretary of

the Ministry for the Agency, if in office and if not in office, the

Minister.

There shall be established an Agency, to be known as the

Registry of Companies Agency, which shall have all the duties and

functions pertaining to the Registrar of Companies under the Act and

any other applicable law.

The Minister responsible for the Agency shall be the

Minister responsible for financial regulation in accordance with the

The operations of the Agency shall be carried out in Agency

accordance with an Agency Agreement to be agreed upon between the agreement.

Permanent Secretary and the Agency.

The Agency shall be governed by the provisions of the Accounts, audits

Financial Administration and Audit Act unless otherwise stated in the and

agreements of

Agency Agreement between the Permanent Secretary and the Agency, the

in which case the provisions of the Agency Agreement shall prevail.

(1) The Agency shall be headed by the Registrar of The Registrar of

Companies, to be appointed by the Minister and who shall perform all Companies.

the functions and duties of the Chief Executive Officer as stipulated in

the Administration Act.

(2) The legal and judicial representation of the Agency shall be

vested in the Registrar of Companies.

The Minister shall appoint a person to aid the Registrar of Deputy

Companies in the execution of his duties who shall be designated as Registrar.

the Deputy Registrar.

(1) The Minister responsible for the Agency may Advisory Board.

establish an Advisory Board to advise the Registrar of Companies in

the discharge of his duties.

(2) The Advisory Board established under this article shall be

chaired by the Registrar of Companies and shall consist of not less

than two (2) and not more than four (4) members appointed by the

Minister responsible for the Agency.

(3) The remuneration paid to members of the Agency Advisory

Board shall be in accordance with any directives and guidelines issued

by the Permanent Secretary in relation thereto.

(1) All employees and any other public officers currently Employees of

deployed within the MFSA performing duties concomitant with the the Agency.

functions of the Agency may be regarded as employees of the

Agency as established by virtue of this order under the same terms

and conditions prevailing at the date of coming into force of this

order

Provided that employees and public officers currently deployed

within the MFSA may also retain their current position of employment

with the MFSA

Provided further that employment contracts of employees and

public officers desirous of retaining their employment with the MFSA

shall remain in force between the relative employee and the MFSA or

the relative public officer and the MFSA, as applicable, and that

employee or public officer shall in no way be regarded as an employee

of the Agency.

(2) The employment contracts entered into between, on the one

hand, the employees of the Agency within the MFSA and the MFSA,

on the other part, shall continue to be in force as if they had been

entered into by the Agency as established by this order and any

collective agreement in force prior to the coming into force of this

order which affects the rights and status of the same employees shall

continue to be in force as if it had been entered into by the Agency.

(3) The Agency shall have the authority to engage its own

employees.

The Agency shall, as from the coming into force of this

order, assume responsibility for all assets, liabilities and

obligations, previously held or entered into by the MFSA and

emanating or arising from the functions of the Agency.

In the Fourth Schedule of the Administration Act,

immediately after "Servizzi.gov Agency" there shall be added the

following

"The Registry of Companies To function as a public registry for

Agency"

commercial partnerships and to

execute those functions and duties

relating to the registration of such

commercial partnerships.".

€0.27