Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 45
45. ( 1 ) T h e A u t h o r i t y m a y g r a n t o r r e f u s e t o g r a n t
authorisation applied for under this Act.
(2) In granting authorisation the Authority may subject it to
such conditions as it may deem appropriate, and having granted
authorisation it may, from time to time, vary or revoke any
condition so imposed or impose new conditions.
(3) When considering whether to grant or refuse authorisation
the Authority shall, in pa rticular, have regard to:
(a) the protection of settlors and beneficiaries; and
(b) the protection of the reputation of Malta taking into
account Malta’s internati onal commitments; and
(c) the promotion of co mpetition and choice.
(4) Without prejudice to the provisions of article 43(8), the
Authority shall notify any applicant of its decision whether to grant
or refuse to grant the authorisation applied for within three m onths
from the receipt of a complete a pplication made in compliance w ith
the applicable provi sions of this Act.
(5) Any requirement in this Act that a person be an approved
TRUSTS AND TRUSTEES [CAP. 331. 49
person to carry out certain activities or functions shall be
interpreted as a requirement that, in the case of a legal entit y, any
director or officer of such person, and, in the case of a trust , each
one of its trustees, be an approved person to carry out such
activities or functions.
(6) The provisions of this article shall also apply, mutatis
mutandis , with respect to registration applied for in accordance with
article 43B.
Power to cancel or
suspend
authorisation.
Amended by:
XIV . 1989.9.
Substituted by:
XIII. 2004.29.
Amended by:
XI. 2014.25;
XXIX.2025.4.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.