Trusts and Trustees Act (Cap. 331)
Trusts and Trustees Act (Cap. 331), article 47
47. (1) Notwithstanding any other provision of this Act, the
Authority may, by notice in writin g, require any person who is or
was acting, or who appears to be or to have been acting as trus tee,
or who was providing services which require authorisation or
registration according to this Act, and any other person who appears
to be in possession of relevant information to do all or any of the
following:
(a) to furnish to the Authority, at such time and place and
in such form as it may specify, such information and
documentation as it may require with respect to any
such activities as aforesaid;
(b) to furnish to the Authority any information or
documentation aforesaid veri fied in such manner as it
may specify;
(c) to attend before the Authority, or before a person
appointed by it, at such time and place as it may
specify, to answer questions and provide information
and documentation with res pect to any such activities
as aforesaid.
(2) The Authority may take copies of any documents furnished
or provided under this article.
(3) Where the person required to provide information or
documentation under this article does not have the relevant
information or documentation, he shall disclose to the Authority
where, to the best of his knowledge, that information or
documentation is, and the Authority may require any person,
whether indicated as aforesaid or not, who appears to it to be in
possession of that information or documentation, to provide it.
(4) A statement made and do cumentation provided in
pursuance of any requirement under this article may be used in
evidence against the person making the statement or providing t he
documentation as well as against any person to whom they relate .
Cap. 9.
Cap. 12.
Cap. 377.
(5) Except as provided for in article 642(1) of the Criminal
Code and of article 588(1) of the Code of Organization and Civil
Procedure , the provisions of this article shall apply to all
information or documentation notwithstanding the provisions of the
Professional Secrecy Act .
(6) The power to require the production of documentation
under the provisions of this article shall be without prejudice to any
lien or charge claimed by any person in relation to such
documentation.
(7) Where the Authority has appointed a person under
subarticle (1)( c), such person shall, for the purposes of carrying out
his functions under his appointment, have all the powers confer red
on the Authority by this article and a requirement made by him
shall be deemed to be and have t he same force and effect as a
requirement of the Authority.
TRUSTS AND TRUSTEES [CAP. 331. 53
Power to issue
directives.
Amended by:
XIV . 1989.11;
XX. 1994.4.
Substituted by:
XIII. 2004.29.
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.