S.L. 378.10 чл. 18EFreedom of establishment and freedom to provide services by credit intermediaries (Malta as host Member State).

(1) Where Malta is the host Member State, a European credit intermediary shall only carry out in Malta activities which are covered by the admission granted by the European regulatory authority of the home Member State without further admission by the MFSA being required:

Provided that European credit intermediaries may not provide their services in relation to credit agreements offered by:

(a) non-credit institutions established in other Member States to consumers in Malta where such non-credit institutions are not allowed to operate in Malta; or

(b) credit institutions authorised in other Member States in terms of the CRD, where such credit institutions have not exercised their right to establish a branch or to provide services in Malta in terms of the CRD.

(2) Appointed representatives appointed by European credit intermediaries may not carry out any of the credit intermediation activities in terms of the definition "credit intermediary" in regulation 2, or provide advisory services in Malta.

(3) Where a European credit intermediary informs the European regulatory authority of the home Member State about its intention to carry out business for the first time in Malta under the freedom to provide services or when establishing a branch in accordance with Article 32(3) of the MCD, the European regulatory authority of the home Member State shall, in accordance with Article 32(3) of the MCD, notify the MFSA of:

(a) the intention of the European credit intermediary; and

(b) where the European credit intermediary is a tied credit intermediary, the creditors to which the European credit intermediary is tied and whether the creditors take full and unconditional responsibility for the European credit intermediary’s activities:

(4) The MFSA shall use the information received in accordance with sub-regulation (3) to enter the necessary information into its register.

(5) A European credit intermediary may only start business in Malta one month after the date on which he is informed by the European regulatory authority of the home Member State of the notification submitted to the MFSA in accordance with Article 32(3) of the MCD.

(6) Before the branch of a European credit intermediary commences its activities, or within two months of receiving the notification referred to sub-regulation (3), the MFSA shall prepare for the supervision of the European credit intermediary in accordance with regulations 22F and 22G and, if necessary, indicate to the European credit intermediary the conditions under which, in areas not harmonised in European Union law, those activities are to be carried out in Malta.