Financial Markets Act (Cap. 345)
Financial Markets Act (Cap. 345), article 37E
37E. (1) The competent authority shall cooperate closely with
the authorities performing the general supervision of credit in stitutions
in accordance with relevant European Union law applicable to th ose
institutions and, in the event of the resolution of a credit in stitution
issuing covered bonds, with the Resolution Committee or the rel evant
European resolution au thority, as applicable.
(2) The competent authority shall cooperate closely with
authorities in other Member States responsible for covered bond public
supervision in terms of Article 18(2) of the CBD, including by
providing the said authorities with any information which is relevant
for the exercise of their supervisory tasks under the provision s of their
national law transposing the CBD.
(3) For the purposes of sub-article (2), the competent authority
shall communicate:
(a) all relevant information at the request of an
58 CAP. 345.] FINANCIAL MARKETS
authority in another Member State responsible for covered bond
public supervision in terms of Article 18(2) of the CBD; and
(b) on its own initiative, any essential information to
authorities in other Member States responsible for covered
bond public supervision in terms of Article 18(2) of the CBD.
(4) The competent authority shall cooperate with the EBA or,
where relevant, the ESMA, for the purposes of the CBD.
(5) In the event of the resolution of a credit institution issui ng
covered bonds, the competent authority shall cooperate with the
Resolution Committee or the relevant European resolution authority,
as applicable, in order to ensure that the rights and interests of the
covered bonds investors are preserved, including at least by ve rifying
the continuous and sound management of the covered bond
programme during the period of the resolution process.
(6) By 8th July 2024, the competent authority shall transmit to
the European Commission information on the following:
(a) developments regarding the number of approvals
to issue covered bonds;
(b) developments regarding the number of covered
bonds issued in compliance with Part IV bis and any regulations
and Covered Bonds Rules issued thereunder and in accordance
with Article 129 of the CRR;
(c) developments regarding the assets collateralising
the issue of covered bonds;
(d) developments regarding the level of
overcollateralisation;
(e) cross-border investments in covered bonds,
including inward investment from, and outward investment to,
third-countries;
(f) developments regarding the issue of covered
bonds with extendable ma turity structures;
(g) developments regarding the risks and benefits of
the use of exposures as referred to in Article 129(1) of the CR R;
(h) the functioning of covered bond markets.
(7) For the purposes of this article, information shall be
regarded as essential if it co uld materially influence the
assessment of the issue of covered bonds in another
Member State.
FINANCIAL MARKETS [CAP. 345. 59
Confidentiality of
information.
Substituted by:
XVII. 2002.127.
Amended by:
IV . 2003.21;
IV . 2005.30.
Substituted by:
XX. 2007.44.
Amended by:
L.N. 424 of 2007;
X. 2011.18;
XLVI.2021.46;
IX.2023.11.
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.