S.L. 233.8 Art. 8Declaration to be signed.

(1) A person who registers eligible assets under the

Scheme shall sign a declaration which is to be provided by the appointed registration agent, stating that:

(a) such person is the beneficial owner of the assets being registered;

(b) such person accepts full responsibility for the accuracy and authenticity of the information and documentary evidence provided to the appointed registration agent;

(c) such person undertakes to make available to the appointed registration agent any further information that may be required by the agent for the proper exercise of its functions in this regard;

(d) the documentary evidence being submitted to the appointed registration agent in terms of regulation 7(1), (2) (3) and (4) is the true original documentation;

(e) the registered eligible assets do not represent proceeds from:

(i) a crime of money laundering under the Prevention of Money Laundering Act, or

(ii) any of the crimes listed in the Second Schedule to the Prevention of Money Laundering Act other than a crime against the Act or the Income Tax Act, or

(iii) any offence against any other law;

(f) the registered assets were held outside Malta between 1 January, 2000 and 30 March 2005 in the case of assets referred to in regulation 6(a), or on 31 March 2005 in all other cases;

(g) the registered assets have only been registered once under the Scheme;

(h) the declaration is being given in good faith.

(2) The declaration shall also include:

(a) a detailed description of the eligible assets being registered and details thereof;

(b) details of the beneficial owners including full name, a legally valid identification document number, address and signature; and details of the fiduciary where completed the declaration modalities, shall issue a registration certificate. The certificate shall be sequentially and uniquely numbered and in controlled stationery.

(2) The registration certificate shall be issued to the applicant against the payment of a registration fee as specified in regulation 10.

(3) The registration certificate shall be issued by the appointed registration agent in triplicate: one copy shall be provided to the applicant, one copy is to be retained by the appointed registration agent, and one copy is to be provided to the appointed central registration certificate depository. The Central Bank of Malta is, by means of these regulations, being appointed the central registration certificate depository.

(4) Every person, including past and present officers or agents of an appointed registration agent or of the appointed central registration certificate depository, shall be bound by the duty of professional secrecy in the exercise of his functions under these regulations and shall not disclose any information contained in the registration certificate which may come in his possession in the exercise of his functions under these regulations.

(5) Upon registration, the beneficial owner of the eligible assets registered under this Scheme shall be entitled to the exemptions referred to in article 11 of the Act and article 9B of the Income Tax Act.

(6) The submission by the applicant of false statements and documents shall nullify the certificate and render the applicant ineligible to the benefits granted under the Scheme.

(7) The registration certificate is strictly non-transferable.

(8) In the event of the loss or destruction of the registration certificate, the applicant may make a request in writing to the central registration certificate depository for the issue of a copy of the lost or destroyed certificate.