Financial Markets Act (Cap. 345)
Financial Markets Act (Cap. 345), article 31B
31B. (1) Without prejudice to any other power or function
conferred to it by this Act or any other law, it shall also be the function
of the competent authority to act as the designated competent a uthority
in Malta for the purposes of implementing the provisions of the CBD
and to carry out covere d bond public supervision.
(2) The competent authority shall monitor the issue of covered
bonds to assess and ensure compliance with the requirements lai d
down in this Part and any regula tions and Covered Bonds Rules i ssued
thereunder.
(3) Without prejudice to the generality of sub-articles (1) and
(2) and to any other power or function conferred on the compete nt
authority by this Act or any other law, the powers of the compe tent
authority shall include the power to:
(a) grant or refuse approval for covered bond
programmes pursuant to articles 31D and 31E;
(b) assess compliance with the requirements laid
down in this Part and any regulations and Covered Bonds Rules
issued thereunder;
(c) regularly review covered bond programmes in
order to assess compliance with the provisions of this Part and
any regulations and Covered Bonds Rules issued thereunder;
(d) issue Covered Bonds Rules in order to better
implement and carry out the provisions of this Act and, or of
any regulations issued thereunder and, or in furtherance of its
responsibility under any provisions of the CBD, which rules
shall be binding on credit institutions and any other persons as
may be specified therein;
(e) investigate possible breaches of the requirements
of this Part or any regulations or Covered Bonds Rules issued
thereunder;
(f) carry out on-site a nd off-site inspections;
(g) impose administrative penalties and other
administrative measures in accor dance with ar ticle 39CA; and
(h) adopt and implement supervisory guidelines
relating to the issue of covered bonds.
(4) The competent authority shall inform the European
Commission and the EBA of its func tions and duties pursuant to sub-
FINANCIAL MARKETS [CAP. 345. 43
article (1).
(5) The competent authority shall have the expertise, resources,
operational capacity, powers and independence necessary to carr y out
the functions relating to c overed bond public supervision.
Covered Bonds
Rules.
Added by:
IX.2023.5.
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.