Banking Act (Cap. 371)
Banking Act (Cap. 371), article 13B
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.
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.