Cap. 514 Art. 39Power of competent authority to obtain information.

(1) Without prejudice to anything contained in any other provision of this Act which requires a Retirement Scheme

Administrator, a retirement scheme and a retirement fund to furnish to the competent authority any information or documentation, the competent authority may, by notice in writing, require -

(a) any contributor, any service provider or any person in connection with a retirement scheme, a retirement fund or overseas retirement scheme; or

(b) any contributor, service provider or person who has issued, or appears to have issued an advertisement falling within the provisions of article 34; or

(c) any retirement scheme or retirement fund; or

(d) any other contributor, service provider or any other person who appears to be in possession of relevant information, to do all or any of the following:

(i) 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, including existing telephone and existing data traffic records, with respect to any service, such retirement scheme or retirement fund or advertisement as aforesaid, or with respect to any person with whom the licence holder has close links within the meaning of article 9;

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

(iii) 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 with respect to any such service, retirement scheme or retirement fund or advertisement or with respect to any person with whom the licence holder has close links within the meaning of article 9.

(2) The competent authority may take and retain copies of any documents furnished or provided under this article or extracts from them.

(3) 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.

(4) A statement made and documentation provided in pursuance of any requirement under this article may be used in provisions of article 642 of the Criminal Code.

(6) The power to require the production of documentation under the provisions of this article shall be without prejudice to any lien or charge claimed by any person in relation to such documentation.

(7) Where the competent authority has appointed a person under article 40(1), 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 by the competent authority.

(8) Without prejudice to the other provisions of this article, a holder of a licence may be required to submit to the Central Bank of Malta such information as the Bank may reasonably require for the discharge of its duties under the Central Bank of Malta Act.

(9) The powers to obtain information available to the competent authority pursuant to this article with regard to the persons listed in sub-article (1), shall also be available with regard to the service providers of outsourced key functions or any other activities at any time.