S.L. 371.5 Art. 5Investigatory and information gathering powers of the competent authority.

(1) The competent authority shall have all the information gathering powers and investigatory powers which are necessary for the exercise of its functions. Without prejudice to other relevant provisions laid down in the Act, in any regulations made and

Banking Rules issued thereunder, in the CRD, in any binding legal instruments issued under the CRD and in the CRR, the powers shall include:

(a) the power to require the following natural or legal persons to provide all information that is necessary in order to carry out the tasks of the competent authority, including information to be provided at recurring intervals and in specified formats for supervisory and related statistical purposes:

(i) credit institutions established in Malta;

(ii) financial holding companies established in Malta;

(iii) mixed financial holding companies established in Malta;

(iv) mixed activity holding companies established in Malta;

(v) persons belonging to the entities referred to in sub-paragraphs (i) to (iv);

(vi) third parties to whom the entities referred to in sub-paragraphs (i) to (iv) have outsourced functions or activities, including ICT third-party service providers referred to in Chapter V of the DORA Regulation;

(b) the power to conduct all necessary investigations of any person referred to in paragraph (a)(i) to (vi) established or located in Malta where necessary to carry out the tasks of the competent authority, including the right to:

(i) require the submission of documents;

(ii) examine the books and records of the persons referred to in paragraph (a)(i) to (vi) and the right to take copies or extracts from such books and records;

(iii) obtain written or oral explanations from any person referred to in paragraph (a)(i) to (vi) or their representatives or staff; and

(iv) interview any other person who consents to be interviewed for the purpose of collecting information relating to the subject matter of an investigation;

(c) the power, subject to other conditions set out in European Union law, to conduct all necessary inspections at the business premises of the legal persons referred to in paragraph (a)(i) to (vi) and any other undertaking included in consolidated supervision where the competent authority is the consolidating supervisor, subject to the prior notification of the overseas regulatory authorities concerned.