S.L. 370.25 · Crd (Administrative Penalties, Measures (S.L. 370.25)
S.L. 370.25 ст. 4Administrative penalties and other administrative measures.
(1) Without prejudice to the supervisory powers of the competent authority referred in regulation 3, the competent authority shall impose administrative penalties and other administrative measures in respect of breaches of:
(a) the provisions of the Act and, or of regulations and, or Investment Services Rules made thereunder transposing the provisions of the CRD, and, or
(b) the provisions of the CRR.
(2) The administrative penalties and other administrative measures taken pursuant to sub-regulation (1) shall be effective, proportionate and dissuasive.
(3) The competent authority may apply administrative penalties or other administrative measures relating to breaches of the provisions of the Act and any regulations and Investment Services Rules issued thereunder transposing the requirements of the CRD, and of the CRR applicable to financial holding companies and mixed financial holding companies, to the members of the management body of such companies and to other natural persons who under Maltese law are responsible for the breach.
(4) The competent authority may impose administrative penalties or other administrative measures, in terms of these regulations, aiming to end identified breaches or causes of such breaches, on financial holding companies, mixed financial holding companies and mixed activity holding companies or their effective managers which are responsible for the breach of the provisions of the Act and any regulations and Investment Services Rules issued thereunder transposing the requirements of Chapter 3 of Title VII of the CRD.