A Board Resolution For Selling The Property is a crucial corporate document required under Maltese law when a company intends to dispose of real estate assets. This document must comply with both the Maltese Companies Act and property transfer regulations, making it essential for any corporate property sale in Malta. The resolution is typically prepared following a board meeting where the sale decision is made and must include specific details about the property, sale terms, and authorized signatories. It serves multiple purposes: demonstrating proper corporate governance, providing evidence of authority for the Malta Land Registry, and protecting directors by showing they've acted within their powers. The document is particularly important as it forms part of the chain of documentation required for property transfers in Malta's relatively formal legal system.
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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. Attendance and Quorum: List of directors present, confirmation of quorum, and meeting chairperson
4. Recitals: Background information explaining the context and reason for the property sale
5. Property Details: Complete description and details of the property being sold, including address and registration numbers
6. Sale Terms: Key terms of the approved sale, including the agreed price and any major conditions
7. Board Resolution: The formal resolution text approved by the board authorizing the sale
8. Authorization: Specific authorization for designated person(s) to execute documents and complete the sale
9. Certification: Secretary or chairman's certification that the resolution was duly passed
1. Related Party Disclosure: Required if the sale involves any related parties or directors' interests
2. Special Conditions: Any special conditions or requirements specific to the property or transaction
3. Valuation Reference: Reference to property valuation if required for corporate governance purposes
4. Use of Proceeds: Statement on intended use of sale proceeds if required by company policy
5. Tax Considerations: Specific tax-related declarations or considerations if relevant
1. Property Description Schedule: Detailed legal description of the property including boundaries and included fixtures
2. Board Meeting Minutes Extract: Relevant extract from the board meeting minutes discussing the sale
3. Property Valuation Report: Summary or copy of professional valuation report if obtained
4. Authorization Matrix: List of authorized signatories and their specific powers regarding the sale
5. Title Documentation: Copies of relevant title documents and property registration certificates
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