Banking Act (Cap. 371)

Banking Act (Cap. 371), article 13B

Official PDF on legislation.mt

13B. (1) The competent authority shall work in full consultation with overseas regulatory authorities in other Member States whe n carrying out the assessment referred to in article 13A(2) if th e proposed acquirer is one of the following: (a) a credit institution, assurance undertaking, insurance undertaking, reinsurance undertaking, investment firm or UCITS management company authorised in another Member State or EEA State or in a sector other than that in which the acquisition is proposed; (b) the parent undertaking of a credit institution, assurance undertaking, insurance undertaking, reinsurance undertaking, investment firm or UCITS management company authorised in another Member State or EEA State or in a sector other than that in which the acquisition is proposed; or (c) the person controlling a credit institution, assurance undertaking, insurance undertaking, reinsurance undertaking, investment firm or UCITS management BANKING [CAP. 371. 41 company authorised in another Member State or EEA State or in a sector other than that in which the acquisition is proposed. (2) The competent authority shall, without undue delay, provide any information which is essential or relevant for the assessment referred to in article 13A(2) to the overseas regulatory authority requesting such information. Upon request, the compet ent authority shall communicate to the overseas regulatory authorit y all relevant information and shall communicate on its own initiativ e all essential information. A decision by the competent authority in terms of article 13A shall indicate any views or reservations expressed by the overseas regulatory authority responsible for the proposed acquirer. (3) Where the assessment referred to in article 13A takes place concurrently with the approval o r exemption, as the case may be , of a financial holding company or mixed financial holding company in terms of article 11B of this Act and, or Article 21a of the CRD, the competent authority shall coordinate, as appropriate, with the overseas regulatory authority acting as the consolidating super visor and, or with the overseas regulatory authority of the Member St ate where the financial holding company or mixed financial holding company is established, as the case may be. Mergers, reconstructions, divisions and changes in share capital or voting rights. Added by: XVII. 2009.18. Amended by: X. 2015.18; LXXI.2021.35.

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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.