S.L. 386.11 Art. 9Precautionary measures. Re-numbered and

(1) Where Malta is the host Member State and the

Registrar finds that irregularities have been committed by the issuer or offeror or by the financial institutions in charge of the offer to the public, he shall refer those findings to the regulatory authority of the home Member State or EEA State and to ESMA.

(2) If measures taken by the regulatory authority of the home Member State or EEA State do not prevent the issuer or offeror or the financial institutions in charge of the offer to the public, from breaching the relevant provisions of this Act or these regulations, the Registrar shall, after informing the regulatory authority of the home Member State or EEA State and after informing ESMA at the earliest opportunity, take any appropriate measures in order to protect investors.