Cap. 514 чл. 52BCo-operation in supervisory duties and sharing of information.
PART VIII
(1) Notwithstanding the provisions of articles 52 and
52A, the competent authority:
(a) in the discharge of its supervisory functions, shall exchange information with:
(i) overseas regulatory authorities;
(ii) authorities responsible for the supervision of the financial sector entities and other financial organisations and the authorities responsible for the supervision of financial markets;
(iii) authorities or bodies charged with the responsibility for maintaining the stability of the financial system in Member States through the use of macro-prudential rules; at protecting the stability of the financial system;
(vi) persons responsible for carrying out statutory audits of the accounts of retirement schemes, insurance undertakings and other financial institutions;
(vii) authorities responsible for overseeing the bodies involved in the winding up of retirement schemes and other similar procedures;
(viii) authorities responsible for overseeing the persons charged with carrying out statutory audits of the accounts of retirement schemes, insurance undertakings and other financial institutions;
(ix) independent actuaries of retirement schemes carrying out supervision of those schemes and the bodies responsible for overseeing such actuaries;
(b) shall disclose to bodies which administer the winding up of a retirement scheme the information necessary for the performance of their duties.
(2) Any information provided by the competent authority to authorities, bodies or persons referred to in sub-article (1)(a)(i) to (vi), shall be subject to the duty of professional secrecy.
(3) Notwithstanding the provisions of articles 52 and 52A, the competent authority may transmit information for the purposes of the exercise of their respective tasks to the following:
(a) the Central Bank of Malta, the central banks of the European System of Central Banks (including the European Central Bank) and other bodies with a similar function in their capacity as monetary authorities;
(b) where appropriate, other national public authorities responsible for overseeing payment systems; and
(c) the European Systemic Risk Board, EIOPA, the European Supervisory Authority (European Banking Authority) established by Regulation (EU) No. 1093/2010 of the European Parliament and of the Council and the European Supervisory Authority (European Securities and Markets Authority) established by Regulation (EU) No. 1095/2010 of the European Parliament and of the Council.
(4) Without prejudice to the provisions of this article and
(5) Any information provided by the competent authority in accordance with sub-article (4) or received by the competent authority in accordance with sub-article (5) shall be subject to the duty of professional secrecy.
История на изменения
- Amended by V.2020.100