Cap. 645 чл. 14Right to information. 

(1) Credit institutions shall provide a prospective credit purchaser with necessary information regarding a creditor’s rights under a non-performing credit agreement, or the non-performing credit agreement itself, and if applicable, the collateral in order to enable the prospective credit purchaser to conduct its own assessment of the value of the creditor’s rights under the non-performing credit agreement, or of the non-performing credit agreement itself, and the likelihood of recovery of the value of that agreement prior to entering into a contract for the transfer of that creditor’s rights under the non-performing credit agreement, or of the non-performing credit agreement itself, while ensuring the protection of information made available by the credit institution and of the confidentiality of business data.

(2) On a biannual basis, credit institutions that transfer to a credit purchaser a creditor’s rights under a non-performing credit agreement, or the non-performing credit agreement itself, shall inform the competent authority and the European regulatory authority of the host Member State of at least the following:

(a) the company registration number;

(b) the legal entity identifier of the credit purchaser or, where applicable, of its representative designated in accordance with article 17, or where these do not exist of:

(i) the identity of the credit purchaser or of the members of the credit purchaser’s management or administrative body and the persons who hold qualifying holdings in the credit purchaser within the meaning of Article 4(1)(36) of the CRR; and

(ii) the address and, or registered office of the credit purchaser or, where applicable, its representative designated in accordance with article 17;

(c) the aggregate outstanding balance of the creditor’s rights under the non-performing credit agreements or of the non-performing credit agreements transferred;

(d) the number and size of the creditor’s rights under the non-performing credit agreements or of the non-performing credit agreements transferred; and

(e) whether the transfer includes the creditor’s rights under the non-performing credit agreements, or the non-performing credit agreements themselves, concluded with consumers and the types of assets securing the non-performing credit agreements, when applicable.

(3) The authorities referred to in sub-article (2), may require credit institutions to provide the information referred to in the said sub-article on a quarterly basis whenever they deem necessary, including in order to better monitor a high number of transfers that might occur during a crisis period.

(4) Where Malta is the host Member State, the competent authority shall communicate without delay the information referred to in sub-articles (2) and (3), and any other information that the competent authority may consider to be necessary for carrying out functions and duties in accordance with the NPL Directive, to the competent authorities of the home Member State of the credit purchaser.

(5) The provisions of this article shall be applied in accordance with the Data Protection Act and the GDPR.

(6) Credit institutions shall use the data templates referred to in Article 16(1) of the NPL Directive to provide information to credit purchasers in accordance with sub-article (1) with respect to transactions relating to credits issued on or after 1st July 2018, that become non-performing after 28th December 2021:

Provided that for credits that originate between 1st July 2018 and the date of entry into force of the implementing technical standards referred to in Article 16(1) of the NPL Directive, credit institutions shall complete the data template with the information already available to them.

(7) Without prejudice to the provisions of Article 16(1) of the NPL Directive and sub-article (6), credit institutions shall also apply the implementing technical standards referred to in Article 16(6) of the said Directive to the transfer of a creditor’s rights under a non-performing credit agreement, or of the non-performing credit agreement itself, to other credit institutions, and shall use the data templates referred to in Article 16(1) of the NPL Directive for the provision of information between credit institutions in cases where there is only a transfer of a creditor’s rights under a non-performing credit agreement, or of the non-performing credit agreement itself.