S.L. 591.1 · Innovative Technology Arrangements (S.L. 591.1)
S.L. 591.1 Art. 10Registration of an innovative technology service provider. Cap. 377.
(1) The Authority shall be empowered to register persons providing innovative technology services for purposes that the
Authority shall, from time to time, define and publish through guidelines and which shall be accessible through the website of the Authority setting out the functions and obligations of such registered innovative technology service providers within the framework of innovative technology recognition and certification.
(2) The registration of an innovative technology service provider may be made in relation to natural or legal persons, or legal organisations having separate legal personality, as the Authority may determine.
(3) The Authority shall determine the means of application for the purposes of registering innovative technology service providers, and the general and specific requirements for registration, including requirements relating to "fit and proper" tests that the innovative technology service providers must satisfy whether they are natural or legal persons, or legal organisations having separate legal personality.
(4) The Authority shall establish rules on the manner in SERVICES (ITAS) CERTIFICATION
which innovative technology services are to be provided by natural or legal persons, or legal organisations having separate legal personality, including where necessary, rules on the internal segregation of functions and on the responsibility for the recognised functions and which shall be accessible through the website of the Authority.
(5) The Authority may designate and make public and accessible through its website any international or other standards of service it may rely on when considering a registration of innovative technology service providers under these regulations.
(6) Without prejudice to the other requirements that may be published by the Authority through guidelines accessible through its website, the Authority shall not recognise an innovative technology services provider if the circumstances referred to in article 28 of the Act arise.
(7) The Authority shall grant the registration to recognised innovative technology service providers which shall specify the official name and surname, if applicable, and registered address and have a unique number for identification purposes and a list of the classes of services which the applicant has been registered to provide.
(8) The registered innovative technology service provider shall post the registration issued to it by the Authority on its website, if applicable, as well as on any innovative technology arrangements to which it renders its services in a specific location, as may be further specified by the Authority. Said posting of the registration, which shall be in an easily accessible and legible format in order that it can be viewed and clearly understood by all users of the innovative technology arrangements, shall be notified to the Authority.
(9) When an innovative technology service provider is a legal person, or a legal organisation having separate legal personality the registration shall be issued in the name of the legal person or the legal organisation and where the service is carried out personally by such service provider, the registration shall be issued in the official name and surname of the said service provider.
(10) Innovative technology service providers registered under the provisions of these regulations shall be considered to be professionals who act as fiduciaries in relation to the information submitted to them by any customers and shall also be bound by the provisions of the Professional Secrecy Act and shall act accordingly.
(11) The Authority shall be empowered to require innovative technology arrangements that are seeking to be, or may have been certified by the Authority, to engage the services of registered innovative technology service providers to carry out specific functions in relation to the innovative technology arrangements certification or review process, as shall be specified by the Authority in its published guidelines accessible through its website.
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- S.L. 591.1 Art. 28