Financial Markets Act (Cap. 345)
Financial Markets Act (Cap. 345), article 31E
31E. (1) Where the competent authority finds that an
application for the approval of a covered bond programme does n ot
comply with article 31D(2) or th at the covered bond programme d oes
not meet the standards of compl eteness, comprehensibility and
consistency necessary for its approval or that changes to the
application or the covered bond programme are required or addit ional
information is required:
(a) it shall inform the app licant of that fact; and
(b) it shall clearly specify the changes or additional
information that are necessary.
(2) Where the applicant is unable or unwilling to make the
necessary changes or to provide the additional information requ ested
in accordance with sub-article (1), the competent authority sha ll be
entitled to refuse the approval of the application and terminat e the
review process. In such cases, the competent authority shall no tify the
applicant of its decision in wr iting and specify the reasons fo r such
refusal.
(3) Without prejudice to the provisions of sub-article (2), the
competent authority shall determine an application for the appr oval of
a covered bond programme by acting in any of the following ways :
(a) granting an approva l without conditions;
(b) granting an approval subject to such conditions as
it may deem appropriate;
(c) refusing to grant an approval:
Provided that the competent authority may, at any time, vary
or revoke any condition imposed i n terms of paragraph (b).
(4) If the competent authority decides to approve a covered
bond programme, it shall give the applicant written notice acco rdingly.
(5) If the competent authority decides to refuse a covered bond
programme, it must give the applicant notice of its decision in writing
stating the reasons for its refusal.
Changes in
information.
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.