Financial Markets Act (Cap. 345)
Financial Markets Act (Cap. 345), article 30
30. (1) The Minister, acting on the advice of the competent
authority, may make re gulations setting out:
(a) the requirements and conditions which must be
satisfied by a person if it is to provide the services of a
central securities depository in respect of which the
competent authority may issue an ‘authorisation’
under this Act;
(b) the requirements which a central securities depository
must continue to satisfy if it is to remain authorised,
including the amount of f ees to be payable to the
competent authority;
(c) the circumstances and the manner in which an
authorisation or the requirements and conditions to
which it is subject may be varied, suspended or
revoked;
FINANCIAL MARKETS [CAP. 345. 41
(d) requirements for the authorisation, operation,
functions, regulation and supervision of a central
securities depository;
(e) requirements for the creatio n, holding or evidencing of
title to and rights in respect of Financial Instruments in
a dematerialised form or represented in book-entry form
as immobilisation;
(f) arrangements for the investigation of complaints and
or grievances about central securities depositories and
remedies in respect thereof;
(g) arrangements for the ascer tainment of compliance by
central securities depositories and the scrutiny of rules
and requirements of central securities depositories;
(h) exemptions from the requirement for an authorisation
or from any provision of this Act which may be
subject to such variations, additions, adaptations and
modifications as may be prescribed and which may be
subject to such conditions or other requirements,
including other forms of authorisation and notification
procedures;
(i) (Deleted by Act XXXI. 2017.33.).
(j) prescribing anything that is incidental to or connected
with any of the above matters.
(2) Regulations made under this article m ay be made subject to
such exemptions or conditions as may be specified therein, may
make different provision for different categories or classes of
financial instruments and for different circum stances or purpos es.
Added by:
XXXI. 2017.33.
(3) Regulations made under this article may impose administrati ve
penalties and fines higher than one hundred and fifty thousand euro
(€150,000), where deemed necessary or appropriate for any
contravention of or failure of compliance with any EU Directive or EU
Regulation or of any regulations made under this article to tra nspose or
to give effect to any EU Directive or EU Regulation.
Financial Market
Rules.
Amended by:
XVII. 2002.110,
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.