S.L. 452.130 Art. 5Application for licence and renewal. 

(1) Applications for licences to operate an employment agency or employment business shall be submitted to the

Director in such form as the Director may require. Each application shall include the following particulars:

(a) in the case of natural persons, the name, address and a valid identification document number, and in the case of a legal person, the name of that legal person, its registered address and the registration number;

(b) the Value Added Tax registration number, Income Tax registration number of the applicant and in the case of a legal person a good standing certificate in respect of the applicant issued by the Malta Business Registry, not earlier than one (1) month from the date of application;

(c) address of the place where the activity is proposed to be carried out, which place shall be covered by a permit showing that the premises can be used for commercial purposes in Category D – Commercial Uses, Class 4A, paragraph (c) in accordance with the Development Planning (Use Classes)

Order or by any other relevant permit as long as the Director is satisfied that the premises are suitable for the purposes they are intended for. A copy of the relevant permit shall accompany the application;

(d) detailed information about the activities to be carried out. Such information shall include:

(i) a description of the services proposed to be provided;

(ii) the method of financing of the employment agency or of the employment business proposed to be offered;

(iii) a declaration by the applicant to the effect that a notice of intention has been displayed by the applicant and that advertisements have been published in at least two (2) daily newspapers in print and electronically, as required by the provisions of regulation 3(2)(ii). A copy of the notice and of the newspapers showing the advertisements shall accompany the application; and

(iv) the name, address and the registration number of a valid identification document and the curriculum vitae indicating the date of birth, educational and professional qualifications and professional experience of the competent person.

(2) Applications, whether submitted by a first time applicant or a licensee for renewal of a licence shall also be accompanied by:

(a) a sworn declaration by the applicant to the effect that he, or in the case of where the applicant is a legal person each of its directors, is not an individual who at any time was found guilty or, at the time of the application, is being interrogated and suspected, or has criminal charges brought against him for any criminal offence, other than an involuntary offence, punishable with more than two

(2) years imprisonment;

(b) a recent original conduct certificate in relation to the applicant, or in the case where the applicant is a legal person, in relation to each of its directors, from each country or countries of residence where such a person has resided for a period of at least two (2) years during the last ten (10) years, unless the applicant manages to prove to the satisfaction of the Director that it is not possible to obtain any such certificate from any particular country of residence:

Provided that no original conduct certificates are retained and no copies of such documents shall be made by the Director after having examined and kept an internal note of the contents of the documents;

(c) a sworn declaration by the nominated competent person that he is not a person who at any time was found guilty, or at the time of the application, is being interrogated and suspected, or has criminal charges brought against him for any criminal offence, other than an involuntary offence, punishable with more than two (2) years imprisonment;

(d) a recent original conduct certificate in relation to the nominated competent person from each country or countries of residence where such person has resided for a period of at least two (2) years during the last ten (10) years, unless the applicant manages to prove to the satisfaction of the Director that it is not possible to obtain any such certificate from any particular country of residence:

Provided that no original conduct certificates are retained and no copies of such documents shall be made by the Director after having examined and kept an internal note of the contents of the documents; and

(e) a recent tax compliance certificate or equivalent, which shall not be dated earlier than one (1) month prior to the date of application, issued by the Commissioner for Tax and Customs indicating the registration details and tax compliance status of the competent person, the applicant and each of the applicant’s directors and shareholders where the applicant is a legal person.

(3) An application for the granting or renewal of a licence shall be accompanied by the fees listed in the Second Schedule.

(4) Every application submitted to the Director in accordance with regulation 3(1)(b) shall include:

(a) the name of the employment agency and its registered address, which shall be in a Member State;

(b) the name, the address and the registration number of a valid identification document of the competent person authorised by the employment agency or employment business to carry out the functions of the employment agency or employment business in Malta and proof that the person is legally established in another Member State; and

(c) the address of the place in Malta where the activity is proposed to be carried out.

(5) Upon applying for the renewal of a licence to the Director, the person seeking renewal shall provide a signed declaration by the competent person stating that such person is still carrying out the duties as the competent person for that employment business or employment agency at the time of the said application.

(6) An application for a licence shall be accompanied by evidence that the applicant shall be able to provide a bank guarantee in favour of the Administration Board in accordance with regulation 20(1) as well as any other terms that the Administration Board may require.

(7) An application for a licence by a first time applicant or by a licensee for a renewed licence shall contain or be accompanied by such other information and particulars as the Director may require, including but not limited to that relating to the applicant or the licensee, the competent person, and where the applicant or the licensee is a legal person, to the applicant’s or the licensee’s directors, shareholders and any person having a beneficial interest in the applicant or the licensee, and shall be verified in the manner and to the extent required by the Director.

(8) The Director shall, at any time throughout the application process for a licence or its renewal, and throughout the validity of a licence, request the applicant or the licensee, as the case may be, to provide such information and particulars as the Director may require in order to enable him to exercise his functions under these regulations, and such information may include but shall not be limited to comprehensive and verifiable payroll documentation, including but not limited to salary records, and any other pertinent financial records pertaining to employees of the applicant or the licensee, as the case may be.

(9) The Director may, from time to time, issue procedural guidelines to specify the operational aspects and interpretations under these regulations.