Banking Act (Cap. 371)
Banking Act (Cap. 371), article 6A
6A. (1) Undertakings referred to in point (1)(b) of Article
4(1) of the CRR which have already obtained a licence pursuant to
articles 3, 5 and 6 of the Investment Services Act shall submit an
application for a licence in acco rdance with articles 5 and 6, at the
latest on the day when either o f the following events takes pla ce:
(a) the average of monthly total assets, calculated over a
period of twelve consecutive months, is equal to or
exceeds thirty billion euro (€30,000,000,000); or
Cap. 370.
(b) the average of monthly t otal assets calculated over a
period of twelve consecutive months is less than thirty
billion euro (€30,000,000,000), and the undertaking is
part of a group in which the total value of the
consolidated assets of all undertakings in the group
that individually have total assets of less than thirty
billion euro (€30,000,000,000) and that carry out any
of the activities referred to in paragraphs (3), (4), (6)
and (7) of the First Schedule annexed to the
Investment Services Act is equal to or exceeds thirty
billion euro (€30,000,000,000), both calculated as an
average over a period of twelve consecutive months.
(2) The undertakings referred to in sub-article (1) may continu e
carrying out the activities referr ed to in point (1)(b) of Arti cle 4(1) of
the CRR until they obtain the licence r eferred to in sub-article (1).
(3) Where the competent authority, after receiving the
information in accordance with Article 95a of the MiFID, determ ines
that an undertaking is to be authorised as a credit institution in
accordance with Articles 5 and 6, it shall notify the undertaki ng.
(4) Pursuant to sub-article (1), the competent authority shall
ensure that the process is as streamlined as possible and that any
information already pertaining t o the competent authority shall be
taken into account.
Issuing of a
licence.
Amended by:
XVII. 2002.162;
IV . 2003.178;
XX. 2007.85, 89;
L.N. 425 of 2007;
XVII. 2009.13;
II. 2011.8;
XX. 2013.58;
X. 2015.10;
XXVI.2019.6;
LXXI.2021.26.
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.