S.L. 370.24 Art. 26Duties of the competent authority

(1) The competent authority shall immediately provide a copy of the relevant cooperation arrangements entered into by it in accordance with Articles 35, 37 and, or 40 of the AIFM Directive to the host Member State of the AIFM concerned.

(2) The competent authority shall, in accordance with procedures relating to the applicable technical regulatory standards referred to in Article 35(14), Article 37(17) or Article 40(14) of the AIFM Directive, forward the information received from third-country supervisory authorities in accordance with cooperation arrangements with such supervisory authorities in respect of an AIFM or, where relevant pursuant to regulation 23(6) to (8), to the European regulatory authorities of the host Member State of the AIFM concerned.

(3) Where, in the application of regulations 4, 5 and 6, a European regulatory authority rejects a request to exchange information in accordance with the regulatory technical standards which shall be issued by ESMA in terms of sub-regulation (2) to specify the procedure for coordination and exchange of information between the competent authority and the European regulatory authorities of the AIFM’s host Member State or EEA State, the competent authority may refer the matter to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010.

(4) Where in the application of regulations 13 and 14, a European regulatory authority rejects a request to exchange information in accordance with the regulatory technical standards which shall be issued by ESMA in terms of sub-regulation (2) to specify the procedure for coordination and exchange of information between the competent authority of the Member State of reference and the European regulatory authorities of the AIFM’s host Member State or EEA State, the competent authority, where Malta is appointed Member State of reference, may refer the matter to ESMA, which may act in accordance with the powers conferred on it under Article 19 of Regulation (EU) No 1095/2010.