Cap. 626 Art. 36Investigation of and assistance to registered persons.   Cap. 386.

(1) The Authority may by letter of authority signed by the Chief Executive Officer appoint one or more inspectors to investigate the affairs of any registered person and to report thereon in such manner as the Chief Executive Officer shall direct in the following cases:

(a) on the specific request of the administrators or managers of the registered person, or following a resolution of the appropriate organ of the registered person in accordance with its statute;

(b) where the registered person is not complying with any conditions or obligations relative to any assistance or benefit enjoyed by it or arising from any use of any sports facility granted to it under any title by any Government entity;

(c) where the registered person has not applied funds or benefits received from any Government entity for the purposes for which such funds or benefits were intended;

(d) where the registered person has been dissolved or wound up according to law.

(2) The Authority may also, in the instances referred to in sub-article (1)(a) to (d), give advice to or otherwise assist the competent organs of the registered persons and may, moreover, appoint an administrator or administrators to carry out such functions and exercise such powers in relation to the administration of the assets of the registered person as well as in relation to its operations and management as the Authority may direct.

(3) In the case of a demand or request for the voluntary dissolution and consequential winding up of a registered person, the competent organ of the registered person that is competent to take the decision to wind up that person shall, prior to ordering the dissolution or resolving to dissolve or wind up that registered person, notify the Authority of such demand or request. On being notified with such a request or demand, the Authority shall, through persons appointed for the purpose, give directions aimed towards the settlement of disputes and endeavour to find a solution with the purpose of favouring the continued viable existence of the registered person and may for such purpose appoint provisional administrators to carry out such functions and exercise such powers in relation to the administration of the assets of the registered person as well as of its operations and management.

(4) For the purpose of carrying out their functions in accordance with the provisions of this article, the Authority, the provisional administrators and the inspectors shall have the right to request information and obtain documents from any person. The inspectors shall for such purpose have the right to apply before the Civil Court, First Hall to request such court to summon witnesses to appear before them to give evidence and produce documents at such time and date and at such place indicated by the inspectors in their application. The inspectors shall have the power to administer the oath to any person appearing before them.

(5) In the case of a demand for the winding up by the Court of a registered person, the Court taking cognisance of such demand shall, prior to ordering the dissolution and winding up of the registered person give such directions, including where it deems it necessary or useful to appoint a provisional administrator, for the purpose of settling any disputes related to the registered person and of finding a solution aimed at the continued viable existence of the registered person. For the purpose of carrying out his functions such administrator may exercise such powers in relation to the administration of the assets and operations and management of the registered person as the Court upon his appointment, or subsequently, may confer upon him.

(6) When the registered person dissolving or consequentially winding up is either a company established under the

Companies Act, or is not a non-profit making organisation but such organisation has been established under a different Act, or other legislation, with its main objective and function being the practice of one or more sporting disciplines, sub-articles (1) to (5) shall not apply, and such organisation shall be dissolved or wound up according to the rules set out in the legislation under which it has been established:

Provided that in this particular case the Authority shall have the right, by letter of authority signed by the Chief Executive Officer, to appoint one or more inspectors in order to obtain all necessary information, from any person appointed by law to oversee such dissolution or consequential winding up of that organisation, to make sure that the Authority, other Government entities falling under the remit of the Minister, all other registered persons and Maltese sport are not adversely affected by such dissolution or consequential winding up. The inspectors appointed by the Authority for this purpose shall be given all the information and given access to all documentation necessary in order for the Authority to achieve its aims under this sub-article.