Board Resolution For Disposal Of Assets for Malta

Board Resolution For Disposal Of Assets Template for Malta

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Board Resolution For Disposal Of Assets

"Need a Board Resolution For Disposal of Assets for our Malta-registered company to sell our commercial property at 157 Republic Street, Valletta, to TechSpace Solutions Ltd for €2.5 million, to be completed by March 15, 2025."

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What is a Board Resolution For Disposal Of Assets?

A Board Resolution For Disposal of Assets is a crucial corporate document required under Maltese law when a company intends to sell, transfer, or otherwise dispose of its assets. This document is essential for demonstrating proper corporate governance and compliance with the Companies Act (Cap. 386) of Malta. It is typically used when disposing of significant assets, whether tangible or intangible, and must include specific details about the assets, the terms of disposal, and proper authorization for execution. The resolution should reflect careful consideration of the company's best interests, solvency position, and any regulatory requirements. In Malta, such resolutions may require additional scrutiny if the company is regulated by the MFSA or if the disposal involves substantial company assets.

What sections should be included in a Board Resolution For Disposal Of Assets?

1. Title and Date: Formal title of the resolution and date of the board meeting

2. Company Details: Full legal name of the company, registration number, and registered address

3. Meeting Details: Confirmation of proper notice, quorum present, and meeting validity

4. Chairperson: Identity of the chairperson presiding over the meeting

5. Present Directors: List of directors present at the meeting

6. Background: Context and reasons for the proposed asset disposal

7. Asset Description: Detailed description of the assets to be disposed of

8. Commercial Terms: Key terms of the disposal including price, payment terms, and timing

9. Board Declarations: Declarations regarding the board's consideration of the company's best interests and solvency

10. Resolution: The formal resolution text approving the disposal and authorizing specific actions

11. Authorization: Specific authorization for named individuals to execute the disposal

12. Certification: Secretary's or Chairman's certification of the resolution

What sections are optional to include in a Board Resolution For Disposal Of Assets?

1. Regulatory Compliance: Required when the asset disposal needs regulatory approval or notification

2. Conflicts of Interest: Required when any director has a direct or indirect interest in the disposal

3. Risk Assessment: Recommended for high-value assets or complex disposals

4. Tax Implications: Required when there are significant tax considerations

5. Related Party Transaction: Required when the disposal involves related parties

6. Valuation Statement: Recommended when disposing of significant or hard-to-value assets

7. Environmental Considerations: Required when disposing of assets with environmental implications

What schedules should be included in a Board Resolution For Disposal Of Assets?

1. Schedule A - Asset Register: Detailed inventory and description of assets being disposed

2. Schedule B - Valuation Report: Independent valuation report of the assets (if applicable)

3. Schedule C - Terms of Disposal: Detailed terms and conditions of the disposal

4. Appendix 1 - Board Meeting Notice: Copy of the notice sent to directors for the board meeting

5. Appendix 2 - Supporting Documents: Any relevant supporting documentation such as purchase offers or agreements

6. Appendix 3 - Regulatory Approvals: Copies of any required regulatory approvals or notifications

7. Appendix 4 - Powers of Attorney: If specific powers of attorney are granted for executing the disposal

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Manufacturing

Real Estate

Financial Services

Technology

Retail

Healthcare

Hospitality

Transportation

Energy

Construction

Professional Services

Telecommunications

Education

Agriculture

Mining

Relevant Teams

Legal

Finance

Compliance

Corporate Governance

Operations

Risk Management

Asset Management

Property Management

Corporate Secretariat

Board Administration

Regulatory Affairs

Relevant Roles

Chief Executive Officer

Managing Director

Board Member

Company Secretary

Chief Financial Officer

Legal Counsel

Compliance Officer

Corporate Governance Officer

Finance Director

Asset Manager

Property Manager

Operations Director

Risk Manager

Company Director

Board Chairman

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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