Banking Act (Cap. 371)

Banking Act (Cap. 371), article 23

Official PDF on legislation.mt

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.

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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.