Banking Act (Cap. 371)

Banking Act (Cap. 371), article 19

Official PDF on legislation.mt

19. (1) A credit institution shall submit to the competent authority - (a) periodic statements showing its assets and liabilities and profit and loss position on an individual and, where appropriate, on a co nsolidated basis including analysis thereof; (b) such information as is required by the competent authority for prudential supervision, conduct supervision and, or statistical purposes; (c) all the information necessary for the assessment of its compliance with this Act and any regulations made and, or Banking Rules and, or Conduct of Business Rules issued thereunder, with any binding legal instruments issued under the CRD, and with the CRR, as the competent authority may require; (d) such separate statements relating to its offices and branches outside Malta in such form and at such times as the competent authority may require in the discharge of its duties. (1A) A financial holding company and a mixed financial holding company shall submit to the competent authority all the informa tion necessary for the assessment of i ts compliance with this Act an d any regulations made or Banking Rules issued thereunder, with any b inding legal instruments issued under the CRD , and with the CRR , as the competent authority may require. (2) A credit institution shall submit to the Central Bank such information as the Central Bank may require in the discharge of its duties and the Central Bank may enquire into and ask for clarification of any information so submitted. (3) A credit institution shall register all its transactions and 50 CAP. 371.] BANKING document systems and processes, which are subject to this Act a nd any regulations made and, or Banking Rules and, or Conduct of Busin ess Rules issued thereunder, to any binding legal instruments issue d under the CRD, and to the CRR, in such a manner that the competent authority may be able to verify compliance with the requirements of the CRR, of any binding legal instruments issued under the CRD, of this Act and of any regulations made or Banking Rules and, or Conduct of Busine ss Rules issued thereunder at all times. (4) Without prejudice to article 11A, the provisions of this art icle shall also apply to all branches, agencies or representative of fices in Malta of a credit institution wh ich is not licensed in Malta. (5) All statements required u nder sub-article (1) shall be submitted in such form and at such periods as the competent authority may from time to time prescribe by a Banking Rule and, or as may be prescribed in any applicable binding legal instrument . (6) All statements and other information furnished by any credit institution, financial holding company and mixed financi al holding company, as the case may be, under sub-articles (1), (1 A) and (2) shall, unless otherwise provided in this Act or in any othe r law, be regarded as secret and confidential except as between that cred it institution, financial holding company or mixed financial holdi ng company, as the case may be, and the competent au thority or the Central Bank as the case may be save that the competent authori ty shall furnish such information under this article as may be req uired by the Minister or the Central Bank and shall inform the Minist er and the Central Bank if at any time in its opinion there is con cern regarding the state of affairs of that credit institution. Outsourcing service providers. Added by: XX. 2007.104. Amended by: II. 2011.22; XXVI.2019.9; LXXI.2021.43.

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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.