S.L. 591.1 Art. 14Powers of resident agent.

(1) Without prejudice to the express powers entrusted to the resident agent by an innovative technology recognition holder or applicant in the said engagement, the resident agent shall have the power on behalf of the innovative technology certification holder or applicant, to:

(a) sign and file applications, declarations, notices, returns and any other document that may be required in terms of Maltese law;

(b) apply for the recognition or certification of an innovative technology arrangement or for the registration of an innovative technology service provider under these regulations and for the revocation or cancellation of a recognition or certification or registration, and to perform any ancillary act in relation thereto;

(c) pay all relative fees and taxes payable in terms of Maltese law;

(d) do all other things as may be considered conducive or ancillary for the certification or other form of recognition or registration under the Act, these regulations or for the maintenance of such recognition or registration;

(e) authenticate documents issued by the innovative technology recognition holder or applicant; and

(f) receive formal notification on behalf of the innovative technology recognition holder or applicant when notifications are required under the provisions of these regulations or any other law or any agreement:

Provided that it shall not be lawful for the certification of an innovative technology arrangements or the registration of an innovative technology service provider to be issued in the name of the resident agent, even if he is formally authorised for such purpose.

(2) The resident agent shall be deemed to have all the necessary powers to enter into binding undertakings with the Authority on matters relating to the recognition by the Authority on behalf of the innovative technology recognition holder or applicant and the Authority is authorised to act accordingly:

Provided that nothing in this Act shall imply any power of a resident agent to execute any document relating to an undertaking involving liability unless expressly authorised to do so in writing.

(3) The innovative technology recognition holder or applicant may restrict any of the above powers of the resident agent:

Provided that where the innovative technology recognition holder or applicant limits such powers, it shall file with the Authority a declaration to that effect in the prescribed form issued by the Authority and accessible through its website and such limitation SERVICES (ITAS) CERTIFICATION

shall not have effect with regard to third parties until it is so filed and recorded in the register of recognitions published by the Authority.

(4) Unless expressly prohibited from doing so in terms of his engagement, the resident agent may delegate and specifically appoint in writing another person to act in specific matters on his behalf provided that in so doing the resident agent shall not in any manner be relinquishing any of the functions, powers and responsibilities conferred on him under these regulations.