Companies Act (Cap. 386), article 213C

213C. (1) Directors of the ultimate parent undertakings or the standalone undertakings referre d to in article 213B(1) and (2), acting within the competences assigned to them under the law of Malta, shall have collective responsibility for ensuring that the report on income tax information is drawn up, published and made accessible in accordance with article 213B and Part II of the Fourth Schedule . (2) Directors of the subsidiary undertakings referred to in article 213B(5) and the persons designated to carry out the dis closure formalities provided for in Article 41 of Directive (EU) 2017/1 132 for the branches referred to in article 213B(6), acting within the competences assigned to them by the Act, shall have collective responsibility for ensuring, to the best of their knowledge and ability, that the report on income tax in formation is drawn up in a mann er that is consistent with or in accordan ce with, as applicable, articl e 213B and Part II of the Fourth Schedule, and that it is published an d made accessible in accordance with P art II of the Fourth Schedule. (3) Any director or person referred to in sub-articles (1) and ( 2) shall notify the Registrar whether the undertaking that he repr esents is an ultimate parent undertaking or a standalone undertaking or a subsidiary undertaking or an affiliated undertaking or a branch within the meaning of the provisions of article 213B, not later than t he last day for registering with the Registrar the report on income tax information and statement as detailed in Part II of the Fourth Schedule. (4) Any director or person referred to in sub-articles (1) and ( 2) who is in breach of the provisio ns of this article or articles 213B or 213D or Part II of the Fourth Schedule shall be liable to an administrative penalty and, for every day during which the default persists, to a further administrative penalty. Statement by statutory auditor. Added by: XVIII.2024.14.