S.L. 514.8 Art. 38Application for authorisation of transfer to the competent authority.

(1) In the case of a proposed transfer by a European

IORP in terms of regulation 37, the Maltese IORP shall submit to the competent authority an application for the authorisation of the proposed transfer.

(2) The application for authorisation referred to in sub-regulation (1) shall contain the following information:

(a) the written agreement between the Maltese IORP and the European IORP setting out the conditions of the transfer;

(b) a description of the main characteristics of the occupational retirement plan;

(c) a description of the liabilities or technical provisions to be transferred, and other obligations and rights, as well as corresponding assets or cash equivalent thereof;

(d) the names and the locations of the main administrations of the Maltese IORP and the European IORP and the Member State in which the Maltese IORP and the European IORP are registered or authorised;

(e) the location of the main administration of the sponsoring undertaking and the name of the sponsoring undertaking;

(f) evidence of the prior approval required in accordance with regulation 36(1)(c);

(g) where applicable, the names of the Member States whose social and labour law relevant to the field of occupational pension schemes is applicable to the occupational retirement plan concerned.

(3) The competent authority shall forward the application received pursuant to sub-regulation (1) to the European regulatory authority of the home Member State of the European IORP, without delay, following its receipt.