S.L. 233.8 Art. 7Documentary evidence.

(1) In the case of eligible assets which are repatriated to Malta, the appointed registration agent shall only register such case of assets referred to in regulation 6(a), or on 31 March 2005 in all other cases; and

(b) confirming repatriation during the Scheme’s operation period.

(2) In the case of eligible assets which are to be retained abroad, the appointed registration agent shall only register such assets against the submission by the applicant of original documentary evidence confirming that such assets were held outside Malta on 31 March 2005.

(3) The documentary evidence referred to in subregulations (1) and (2) shall be:

(a) in the case of precious metal bullion, a confirmation from the licensed institution with which the precious metal bullion is held;

(b) in the case of immovable property situated outside Malta, a duly authenticated copy of the original contract by virtue of which the property was purchased and a confirmation from a duly qualified person;

(c) in the case of loans to a non-resident company which has as its sole object the investment of funds for portfolio purposes, a duly authenticated copy of the agreement by virtue of which funds were advanced by a Maltese resident to such non-resident company;

(d) in the case of all other eligible assets which are not referred to in paragraphs (a), (b) and (c), a confirmation from a licensed financial intermediary outside Malta;

(e) such other documentary evidence which may be declared sufficient by the Central Bank of Malta in writing on a case by case basis;

(f) where eligible assets are held by a third party in a fiduciary capacity, the applicant shall also submit to the appointed registration agent:

(i) where the fiduciary is regulated and licensed in Malta or in a foreign jurisdiction, evidence that such fiduciary is in fact so regulated or licensed; or

(ii) where the fiduciary is not licensed or regulated, a confirmation, bearing the fiduciary’s original signature and witnessed by a Notary Public or a Commissioner of Oaths, evidencing that such fiduciary held eligible assets on behalf of the applicant; and

(g) where eligible assets are repatriated to Malta, the confirmation required by subregulation (1)(b) shall be registration date, the applicant is to provide documentary evidence of such switches as may be required by the registration agent.

(5) Copies of the original documentary evidence specified in subregulations (1), (2), (3) and (4) are to be retained by the appointed registration agent, in printed or electronic form, for record purposes for a period of ten years.