Trusts and Trustees Act (Cap. 331)

Trusts and Trustees Act (Cap. 331), article 47

Official PDF on legislation.mt

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.

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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.