Banking Act (Cap. 371), article 35

35. (1) Any person who - (a) fails to comply with any directive issued by the competent authority under this Act; (b) without reasonable excuse alters, suppresses, conceals, destroys or refuses to produce any document which he is lawfully required to produce by any person under this Act or any regulations made or Banking Rules or Conduct of Business Rules issued thereunder; (c) makes a statement, promise or forecast which he knows to be misleading, false or deceptive, or dishonestly conceals any material facts; (d) recklessly makes (dishonestly or otherwise) a statement, promise or for ecast which is misleading, false or deceptive; or (e) contravenes or fails to comply with any of the provisions of articles 2A, 5(1) and (2), 6(1), 6A, 12, 13, 17B, 21(2), 22(7), 23(4), 24, 28(a), 29(7), 32, 33( b), and 34(2) and (4), shall be guilty of an offence: Provided that, with respect to paragraphs ( c) and ( d), a person shall be guilty of an offence if he makes the statement, promise or forecast or conceals the facts for the purpose of inducing, or is reckless as to whether it may induce, another p erson (whether or not to the person to whom the statement, promise or forecast is made or from whom the fact s are concealed) - (i) to make, or refrain from making, a deposit with him or any other person; or ( i i ) t o e n t e r , o r r e f r a i n f r o m e n t e r i n g , i n t o a n agreement for the purpose of making such a deposit: Provided further that, with respect to paragraphs ( c) and (d), a person shall not be guilty of an offence unless - (i) the statement, promise or forecast is made in or from Malta, or the facts are concealed in or from BANKING [CAP. 371. 81 Malta, or arrangements are made in or from Malta for the statement, promise or forecast to be made or the fact s to be concealed; (ii) the person on whom the inducement is intended to or may have effect on is in Malta; or (iii) the deposit is or would be made, or the agreement is or would be entered into, in Malta. (2) Any person who is knowingly a party to, or procures or aids and abets the commission of any offence under sub-article (1), shall be guilty of an offence and shall be liable to the same penalti es as the principal offender. (3) Any person found guilty of a n offence shall, on conviction, be liable to a fine ( multa ) not exceeding two million euro (€2,000,000) or to a term of imp risonment not e xceeding three years or to both such fine and imprisonment. (4) No proceedings for an offe nce under this Act shall be commenced without the sancti on of the Attorney General. Administrative penalties and other administrative measures imposed by the competent authority. Added by: XVII. 2002.191. Amended by: XX. 2007.123. Substituted by: X. 2015.50. Amended by: LXXI.2021.60.