Investment Services Act (Cap. 370)
Investment Services Act (Cap. 370), article 16
16. (1) Any officer, employee or agent of the competent
authority, on producing, if required, evidence of his authority , may
enter premises occupied by a pe rson on whom a notice has been
served under article 13 or whose affairs are being investigated
under article 14, for the purpose of obtaining and, or verifyin g there
the information or documents required by that notice, or otherw ise
for the purpose of the investiga tion, and of exercising any of the
powers conferred by t he said articles.
(2) Where any officer, employee or agent of the competent
authority has reasonable cause t o believe that if such notice a s is
referred to in sub-article (1) we re served it would not be comp lied
with or that any documents to which it could relate would be
removed, tampered with or destroyed, such person may, on
producing, if required, evidence of his authority, enter any premises
referred to in sub-article (1) for the purpose of obtaining the re any
information or documents specified in the authority, being
information or documents that could have been required under such
notice as is referred t o in sub-article (1).
(2A) Without prejudice to sub-articles (1) and (2), any office r,
employee or agent of the competent authority, on producing, if
required, evidence of his authority, may enter premises occupie d by a
person on whom a notice has been served under article 13 and by any
other person included in the supervision of compliance with the group
capital test, where the competent authority is the group superv isor, in
48 CAP. 370.] INVESTMENT SERVICES
order to conduct an inspection:
Provided that the exercise of the right of entry under this
sub-article in relation to any person included in the supervisi on of
compliance with the group capital test where the competent auth ority
is the group supervisor, shall be subject to the prior notifica tion of
other competent authorities concerned.
(3) For the purposes of any action taken under the provisions of
this article, the competent authority may request the assistanc e of
the Commissioner of Police, who may for such purpose exercise
such powers as are vested in h im for the prevention of offences and
the enforcement of law and order.
Administrative
penalties and other
measures.
Added by:
XX. 2007.68.
Amended by:
L.N. 425 of 2007;
X. 2011.28;
XX. 2013.43;
XXXI. 2017.53;
V .2020.14.
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.