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S.L. 370.46 · Investment Services Act (S.L. 370.46)

S.L. 370.46 Art. 11Co-operation with European regulatory authorities and the Commission. 

In KraftAmtlicher Text

(1) Where an investment firm, financial holding company, mixed financial holding company or mixed-activity holding company is situated in Malta and controls one or more subsidiaries authorised in another Member State which are insurance undertakings or other undertakings providing investment services, the competent authority shall co-operate closely with European regulatory authorities and with other authorities entrusted with the public task of supervising insurance undertakings in other Member States. Without prejudice to its responsibilities, the competent authority shall provide the authorities referred to in this sub-regulation with any information likely to simplify their task and to allow supervision of the activity and overall financial situation of the undertakings they supervise.

(1A) Where, pursuant to regulation 3, the consolidating supervisor of a group with a parent mixed financial holding company is different from the coordinator determined in accordance with Article 12 of Directive 2002/87/EC, the consolidating supervisor and the co-ordinator shall co-operate for the purpose of applying the provisions of the Act, and any regulations or Rules made thereunder transposing the requirements of the CRD, and under the CRR, on a consolidated basis. In order to facilitate and establish effective co-operation, the consolidating supervisor and the co-ordinator shall have written co-ordination and co-operation agreements in place.

(2) Information received, within the framework of supervision on a consolidated basis, and in particular any exchange of information between the competent authority and European regulatory authorities which is provided for in the CRD, shall be subject to professional secrecy requirements at least equivalent to those pursuant to the Malta Financial Services Authority Act and the Act.

(3) The competent authority as consolidating supervisor shall establish a list of the financial holding companies or mixed financial holding companies referred to in Article 11 of the CRR. Such a list shall be communicated to the European regulatory authorities, to the EBA and to the Commission.

Änderungsgeschichte
  • Amended by L.N. 29 of 2022