Cap. 376 чл. 14Power of competent authoritytorequire information.

(1) A financial institution shall submit to the competent authority such information and documentation as the competent authority may require either on a periodic and, or on an ad hoc basis, in the discharge of its duties under this Act and any regulations and, or

Rules issued thereunder or any other law, and the competent authority may enquire into and ask for clarification of any information submitted.

(2) All periodic information and documentation required under sub-article (1) shall be submitted in such form and at such periods as the competent authority may from time to time prescribe by any Financial Institutions Rules and, or at such periods as the competent authority may require in writing.

(3) Deleted by XXVI.2019.49.

(4) The provisions of this article shall also apply to all branches, agencies or offices in Malta of a financial institution which is not incorporated in Malta.

(5) A financial institution shall submit to the Central Bank such information as the said Bank may require in the discharge of its duties and the Central Bank may enquire into and ask for clarifications on any information so submitted.

(6) The competent authority may, by notice in writing, require a financial institution or any of its officers to do all or any of the following:

(a) to furnish to the competent authority, at such time and place and in such form as it may specify, such information and documentation as it may require and of such description as may be so specified in the notice;

(b) to furnish to the competent authority any information or documentation aforesaid verified in such manner as it may specify; and, or

(c) to attend before the competent authority, or before a person appointed by it, at such time and place as it may specify, to answer questions and provide information and documentation as the competent authority may reasonably require, for the performance of its functions under this Act and any regulations and, or Rules issued thereunder.

(7) The competent authority may retain copies of any documents submitted in terms of this article.

(8) Where the person required to provide information or documentation under this article does not have the relevant information or documentation, he shall disclose to the competent authority where, to the best of his knowledge, that information or documentation is, and the competent authority may require any person, whether indicated as aforesaid or not, who appears to it to be in possession of that information or documentation, to provide it.

(9) A statement made and documentation provided in pursuance of any requirement under this article may be used in evidence against the person making the statement or providing the documentation as well as against any person to whom they relate.

(10) Where the competent authority has appointed a person under sub-article (6)(c), such person shall, for the purposes of carrying out his functions under his appointment, have all the powers conferred on the competent authority by this article and a requirement made by him shall be deemed to be and have the same force and effect as a requirement of the competent authority.

(11) The competent authority may require a person it has appointed under sub-article (6)(c) to submit a report in such form as it may specify.

(12) The competent authority may also exercise the powers conferred by sub-articles (1) and (6) in relation to any person who is or has at any relevant time been -

(a) a holding company, subsidiary or a company which is a connected person of that financial institution;

(b) a subsidiary or a company which is a connected person of a holding company of that financial institution;

(c) a holding company of a subsidiary of that financial institution;

(d) a controller of that financial institution;

(e) a qualifying shareholder of that financial institution; or

(f) an agent appointed in terms of article 8A.

(13) The competent authority may also exercise its powers under this article where it has reasonable grounds for suspecting that a person is guilty of committing any offence under this Act or any regulations and Rules issued thereunder.