Investment Services Act (Cap. 370), article 13

13. (1) Without prejudice to any powers of the competent authority arising under any other law, the competent authority shall have the power to require information from: (a) any person who is or was providing, or who appears to be or to have been providing, an investment service; (b) a collective investment scheme; (c) any person who is or was carrying on, or who appears to be or has been carrying on activities in connection with such a scheme; (d) any person who has issued, or appears to have issued an advertisement falling within the provisions of article 11(1); (e) an auditor of a licence holder; or 42 CAP. 370.] INVESTMENT SERVICES (f) any other person who appears to be in possession of relevant information. (1A) Without prejudice to sub-article (1), the competent author ity shall have the power to require information from: (a) investment firms established in Malta; (b) investment holding companies established in Malta; (c) mixed financial holding companies established in Malta and their subsidiaries; (d) mixed-activity holding companies established in Malta; (e) persons belonging to the entities referred to in points (a) to (d); (f) third parties to whom the entities referred to in points (a) to (d) have outsourced operational functions or activities. (1B) Without prejudice to the generality of sub-articles (1) and (1A), the competent authority may, by notice in writing, requir e any person referred to in the said s ub-articles to do all or any of the following: (a) to furnish to the competent authority, at such time and place and in such form as it may specify, such information and documentation as it may require, including the power to require existing telephone and existing data traffic records, with respect to any such service, scheme or advertisement as aforesaid, or with respect to any person with whom the licence holder has close links within the meaning of article 6; (b) to furnish to the competent authority any information or documentation aforesaid verified in such manner as it may specify; (c) to attend before the comp etent authority, or before a person appointed by it, at such time and place as it may specify, to answer questions and provide information and documentat ion with respect to any such service, scheme or adv ertisement as aforesaid." (2) The competent authority may examine and make copies or extracts of any documents furnish ed or provided under this arti cle. (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 competen t authority where, to the best of his knowledge, that information or documentation is, and the competent authority may require any person, whether indicated as aforesaid or not, who appears to i t to be in possession of that inform ation or documentation, to provi de it. INVESTMENT SERVICES [CAP. 370. 43 (4) A statement made and documentation 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. (5) The provisions of this article shall not apply to informatio n or documentation which is privileged in accordance with the provisions of article 642(1) of the Criminal Code . (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 competent authority has appointed a person under sub-article (1)( c), such person shall, for the purposes of carrying out his functions under his appointment, have all the powers conferred on the competent authority by this article and a requirement made by him shall be deemed to be and have the same force and effect as a requireme nt of the competent authority. Cap. 204. (8) Without prejudice to the other provisions of this article, a licence holder may be re quired to submit to the Central Bank of Malta such information as the Bank may reasonably require for t he discharge of its duties under the Central Bank of Malta Act . Appointment of inspectors. Amended by: XX. 2007.66; LXXII.2021.15.