S.L. 370.48 Art. 5Investigatory and information gathering powers of the competent authority. 

The competent authority shall have all the information gathering powers and investigatory powers which are necessary for the exercise of its functions. Without prejudice to other relevant provisions laid down in the Act, the IFD and in the IFR these powers shall include:

(a) the power to require information from the following natural or legal persons:

(i) investment firms established in Malta;

(ii) investment holding companies established in Malta;

(iii) mixed financial holding companies established in Malta;

(iv) mixed-activity holding companies established in Malta;

(v) persons belonging to the entities referred to in sub-paragraphs (i) to (iv);

(vi) third parties to whom the entities referred to in sub-paragraphs (i) to (iv) have outsourced operational functions or activities;

(b) the power to conduct all necessary investigations of any person referred in paragraph (a) established or located in Malta where necessary to carry out the tasks of the competent authority including:

(i) the right to require the submission of documents by the persons referred to in paragraph (a);

(ii) the right to examine the books and records of the persons referred to in paragraph (a) and the right to take copies or extracts from such books and records;

(iii) the right to obtain written or oral explanations from any person referred to in paragraph (a) or their representatives or staff; and

(iv) the right to interview any other person who consents to be interviewed for the purpose of collecting information relating to the subject matter of an investigation;

(c) the power to conduct all necessary inspections at the business premises of the legal persons referred to in paragraph (a) and any other undertakings included in the supervision of compliance with the group capital test, where the competent authority is the group supervisor, subject to the prior notification of other competent authorities concerned.