Cap. 463 · Malta Enterprise Act (Cap. 463)
Cap. 463 Art. 19Disclosure of interests.
PART IV
(1) Where the Chief Executive Officer, a member of the Board, a member of staff of the Corporation, a member of a committee established under articles 16 or 17, or a consultant, advisor or other person engaged by the Corporation, or a member of the Board, has any interest in, or material to, any matter which falls to be considered by the Board, or a committee established under this Act, he shall -
(a) disclose to the Board or committee, as the case may be, the nature of his interest at the first meeting of the Board or committee after such interest is acquired or in advance of any consideration of the matter, whichever is the earlier,
(b) neither influence nor seek to influence a decision in relation to such matter,
(c) take no part in any consideration of such matter,
(d) if he is the Chief Executive Officer, a member of the Board, a member of the staff of the Corporation or a member of a committee established under articles 16 or 17, withdraw from the meeting for so long as the matter is being discussed or considered and shall not vote or otherwise act in such capacity in relation to the matter.
(2) Where a question arises as to whether or not a course of conduct, if pursued by a person, would be a failure by him to comply with the requirements of subarticle (1), the question shall be determined by the Board and the decision and its motivation shall be recorded in the minutes of the meeting where it was taken.
(3) Where a disclosure is made to the Board or to a committee pursuant to subarticle (1), particulars of the disclosure shall be recorded in the minutes of the relative meeting.
(4) Where a person referred to in this article fails to make the required disclosure, the Board shall decide the appropriate action (including removal from office or termination of contract) to be taken: Provided that where such person is a voting director of the Corporation the matter shall be reported to the Minister.