S.L. 409.16 Art. 4Licensing of OPC representatives. Cap. 217.

(1) (a) No marketing company shall employ or otherwise engage a person who shall offer or promote timeshare or timeshare like products or act as a seller or carry out duties which are normally carried out by an OPC representative unless that person is in possession of a valid licence issued by the Authority under these regulations: Provided that such a licence is not required where the person offering or promoting timeshare or timeshare like products or acting as a seller or carrying out duties which are normally carried out by an OPC representative, carries out his duties from a premises licensed to be used for commercial purposes with the consent of the licensee of the same premises.

(b) The Authority may issue such number of licences which shall not exceed such number of licences as may, from time to time, be determined by it as may be appropriate and proportionate to the inventory of timeshare and timeshare products being marketed by the marketing company and having regard to the tourism policy current at the time.

(2) An application for a person to be licensed to act as an OPC representative shall be submitted by the marketing company that shall be employing or otherwise engaging the OPC representative, in the form established by the Authority for the purpose and it shall be accompanied by such information and documentation as required by the Authority, including:

(a) a recent police conduct certificate showing that the person is of good conduct, or any other proof or attestation of good character standing and good conduct of the applicant OPC representative which may be in the form of an attestation drawn up by the marketing company that shall be employing or otherwise engaging the applicant OPC representative;

(b) a certificate or attestation drawn up by the marketing company that shall be employing or otherwise engaging the OPC representative, certifying that the person is competent to act as an OPC representative and that the said person has an acceptable educational background;

(c) a certificate or attestation of acquired knowledge following appropriate training of not less than ten hours in the carrying out of duties which are normally carried out by an OPC representative in an ethical and respectful manner towards potential consumers of time share and timeshare-like products; and in the regulatory framework governing this activity, including these regulations and any other law, particularly those concerning consumer rights in general and as may be specific to the promotion and selling of timeshare and timeshare-like products; and

(d) a written declaration signed by the applicant OPC representative committing to perform his duties in a proper and ethical manner; to abide by the provisions of these regulations and any other law, particularly those concerning consumer rights in general and as may be specific to the promotion and selling of timeshare and timeshare-like products; to adhere to the conditions of his licence and to accept the fines and penalties indicated in these regulations: Provided that where the Authority is not satisfied with the information or documentation submitted by the applicant it shall reserve the right to request additional information or documentation and to take recourse to other sources of information or audit to verify the information or documentation submitted by the applicant.

(3) Where an applicant OPC representative requires a work permit or any other permit issued by or under the provisions of the Immigration Act or any other law, no licence shall be issued until such permit or permits have been issued or approved.

(4) When a licence has been issued to an OPC representative under these regulations, such licence shall be issued in relation to the marketing company that shall be employing or otherwise engaging the OPC representative and the licence so issued shall only be valid in relation to such marketing company.

(5) The Authority shall have the right to refuse to issue a licence or renew a licence where the documentation and attestations listed in sub-regulation (2) are not to its satisfaction, or where the applicant OPC representative or the marketing company has been found guilty of a breach of any of the regulations issued under the Act or of the conditions of a licence issued by the Authority.

(6) A licence issued under this regulation shall be valid for a period of one year from the date of issue. An application for its renewal must be lodged with the Authority by the marketing company not later than one month prior to its expiry. Any person who fails to renew a licence as aforesaid shall be deemed to be acting without a valid licence: Provided that the renewal of such licence shall only be subject to the continued fulfilment of the relevant applicable requirements current at the time.

(7) Applications for the renewal of a licence of an OPC representative shall be accompanied by a signed attestation in writing by the marketing company certifying the OPC representative’s conduct and compliance with all applicable rules and regulations.

(8) The Authority may subject any licence issued under these regulations to such conditions as it may deem appropriate, necessary and proportionate including conditions relating to the proper attire which licensed OPC representatives may wear while carrying out functions and activities subject to the licence.