Banking Act (Cap. 371)
Banking Act (Cap. 371), article 23
23. (1) Where the competent authority has reasonable grounds
for suspecting that a person has contravened or has failed to c omply
with any provision of this Act or any regulations made or Banki ng
Rules or Conduct of Business Rule s issued thereunder, it may by
notice in writing require that person or any other person -
(a) to provide at such place as may be specified in the
notice and either forthwith or at such time as may be
so specified, such information as it may reasonably
require for the purpose of investigating the suspected
contravention or failure to comply;
(b) to produce, at such place as may be specified in the
notice and either forthwith or at such time as may be
so specified, such documents, or documents of such
description as may be specified which it may
reasonably require for that purpose;
(c) to attend at such place and time as may be specified in
the notice, and answer q uestions relevant for
determining whether such a contravention or failure to
comply has occurred.
(2) The competent authority or their duly authorised officer,
employee or agent may take co pies of or extracts from any
documents produced under this article.
(3) Any officer, employee or age nt of the competent authority
may, between five o'clock in the morning and nine o'clock at ni ght,
on producing if required evidence of his authority, enter any
premises occupied by a person on whom a notice has been served
under sub-article (1) for the purpose of obtaining there the
information or documents required by the notice, putting the
questions referred to in paragraph ( c) of that sub-article or
exercising the powers conf erred by sub-article (2).
(4) No person shall without lawful excuse fail to comply with a
requirement imposed on him under this article or intentionally
obstruct a person in the exercis e of the rights conferred by su b-
article (3).
BANKING [CAP. 371. 57
( 5 ) A s t a t e m e n t m a d e b y a p e r s o n i n c o m p l i a n c e w i t h a
requirement imposed by virtue o f this article may be used in
evidence against him.
Obstruction.
Amended by:
XX. 2007.108;
XXVI.2019.12.
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.