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S.L. 376.11 · Consumer Credit Intermediaries (S.L. 376.11)

S.L. 376.11 Art. 2Interpretation. Cap. 371. Cap. 376. S.L. 371.23.  S.L. 376.10.   Cap. 330.  Cap. 371. Cap. 376.

In KraftAmtlicher Text

(1) In these regulations, unless the context otherwise requires:

"Acts" means the Banking Act and the Financial

Institutions Act;

"CCD Regulations" means the Banking Act (Consumer

Credit) Regulations and the Financial Institutions Act

(Consumer Credit) Regulations, as may be amended from time to time;

"consumer" means a natural person who is acting either in his own personal capacity or for the purposes of carrying out his trade, business or profession;

''Consumer Credit Directive'' means the Directive (EU) 2023/2225 of the European Parliament and of the Council of 18 October 2023 on credit agreements for consumers and repealing Directive 2008/48/EC, as may be amended from time to time, and includes any binding legal instruments, guidelines and other measures that have been, or may be issued thereunder;

"consumer credit agreement" means an agreement whereby a creditor grants or promises to grant to a consumer, credit in the form of a deferred payment, loan or other similar financial accommodation, except for agreements for the provision on a continuing basis of services or for the supply of

*Not yet in force. goods of the same kind, where the consumer pays for such services or goods for the duration of their provision by means of instalments;

"competent authority" means the Malta Financial

Services Authority established by the Malta Financial Services

Authority Act;

"credit intermediary" means a natural or legal person who is not acting as a creditor and not merely introducing, either directly or indirectly, a consumer to a creditor, and who in the course of his trade, business or profession, for remuneration, which remuneration may take a pecuniary form or any other agreed form of financial consideration:

(a) presents or offers consumer credit agreements to consumers;

(b) assists consumers by undertaking preparatory work or other pre-contractual administration in respect of consumer credit agreements, other than as referred to in paragraph (a);

(c) concludes consumer credit agreements with consumers on behalf of the creditor;

and the term "credit intermediation activities" shall be construed and interpreted accordingly;

"creditor" means a legal person, duly authorised in accordance with the Banking Act or the Financial Institutions

Act, as the case may be, to grant, or to promise to grant, credit;

"Credit Intermediaries Rules" means rules applicable to credit intermediaries and other persons as specified therein, which may be issued by the competent authority under these regulations.

(2) Words and expressions used in these regulations which are not defined herein shall have the same meaning attributed to them in the CCD Regulations insofar that the context so requires.