126 tal-2007 - Regolamenti tal-2007 li jemendaw ir-Regolamenti dwar Skema għal Reġistrazzjoni ta’ Flus u Depożiti Bankarji

L.N. 126 of 2007

EXTERNAL TRANSACTIONS ACT

(CAP. 233)

Currency and Bank Deposits Registration Scheme

(Amendment) Regulations, 2007

BY virtue of the powers given by article 11(2) of the External

Transactions Act, hereinafter called “the Act”, the Prime Minister

and Minister of Finance has made the following regulations:-

(1) The title of these regulations is the Currency and Bank Citation and

Deposits Registration Scheme (Amendment) Regulations, 2007 and commencement.

they shall be read and construed as one with the Currency and Bank

Deposits Registration Scheme Regulations, 2007, hereinafter referred L.N. 112 of 2007.

to as “the principal regulations”.

(2) These regulations shall be deemed to have come into

force on the 23 rd April 2007.

bonds

(in figures)

(in figures)

Current

Current

Government

(in figures)

securities

5. Amount of securities listed on Malta Sock Exchange

6. Total Value of Registered Eligible Assets (in Lm)

Amount of registered Maltese lira currency notes

Amount of registered deposits in Maltese lira *

Amount of registered euro currency notes

Amount of registered deposits in euro *

Securities in Maltese lira #

#

Securities in euro

Eligible Assets

(Regulation 3)

5.1

5.2

1.

2.

3.

4. B

Date

Date

Date

# to be filled in only when the local bank deposits and/or locally listed securities being hereby registered are held by the fiduciary on behalf of the applicant. If the

I have read and understood the declaration in Section 5 overleaf. I confirm that on the applicable date, I was the beneficial owner of these assets/heir or legatee

Heir/legatee

Heir/legatee

(Block Letters)

I authorise the Registration Agent to deposit the eligible currency notes being hereby registered in the following type of special term deposit account

Signature

Signature

Signature

Owner

Owner

* to be filled in only when the eligible assets being hereby registered are jointly owned by more than one individual

The account shall be in the name of the Registration Agent specified in Section 4 below as my nominee

fiduciary is a body corporate, please insert name and company registration number.

Section 2: To be completed by Applicant as Beneficial Owner

Section 3: To be completed by Applicant as Beneficial Owner

Date

Address*

#

Address

Address

#

The account shall be in my name(s) as beneficial owner(s)

ID Card No*

ID Card No

ID Card No

of the owner of these assets (please tick as applicable)

Title (Mr/Mrs/Ms)* Full Name and surname*

Title (Mr/Mrs/Ms) Full Name and surname

#

Name of Fiduciary (where applicable)

Signature

(please tick as applicable)

1.

2.

3. B

I confirm having received the Registration Fee detailed above. I also confirm that the currency notes being

Commission

(Lm)

Section 4: To be completed by Appointed Registration Agent (See Declaration in Section 6 overleaf)

Official

Stamp

Registration Fee

at 6%

(Lm)

hereby registered shall be deposited in the following credit institution

Date

Registration Fee

at 4%

(Lm)

Authorised Signature

Registered Assets

Value of

(Lm)

* Complete details when not included on official stamp

Official

Stamp

Name of Appointed Registration Agent*

Authorised Signature

B

Section 5: Applicant’s Declaration

In completing Sections 2 and 3, I/ we declare

1. to be the owner/joint beneficial owner(s) of the registered eligible assets or the heir or legatee of the

owner;

2. that the registered eligible assets do not represent proceeds from a crime of money laundering in

terms of the Prevention of Money Laundering Act, or from a crime that would result due to an

infringement of any law other than the Income Tax Act;

3. that the eligible assets are being registered only once under this Scheme;

4. that I/we accept full responsibility for the accuracy and authenticity of the information and, or

documentary evidence submitted to the Appointed Registration Agent under the Scheme;

5. that I/we will make available to the Appointed Registration Agent any further information and, or

documentary evidence that it may require for the proper exercise of its functions in terms of the

Scheme;

6. that the declaration is being made in good faith;

7. that in return for my/our making this declaration and obtaining the relevant exemptions arising from

law upon registration, I/we hereby pay the prescribed registration fee in Maltese liri on the value of

the registered eligible assets;

8. that I/we understand that the submission of false information and, or documentary evidence will

nullify this Certificate and render me/us liable to legal prosecution;

In sub-regulation (1) of regulation 1 of the principal Amends regulation

1 of the principal

regulations, for the title “Currency and Bank Deposits Registration regulations.

Scheme Regulations, 2007” there shall be substituted the title

“Special Registration Scheme Regulations, 2007.”

Sub-regulation (1) of regulation 2 of the principal Amends regulation

2 of the principal

regulations shall be amended as follows

regulations.

(a) in subparagraph (ii) of paragraph (a) thereof, for the

words “and 6(d)” there shall be substituted the words “, 6(d)

and 6(e)”; and

(b) in paragraph (b) thereof, for the definition “eligible

assets” there shall be substituted the following

“ “eligible assets” means currency notes denominated

in Maltese lira and euro, deposits denominated in Maltese

lira and euro held with credit institutions licensed under

the Banking Act, and securities denominated in Maltese

lira and euro with a primary listing on the Malta Stock

Exchange;”.

In regulation 5 of the principal regulations, immediately Amends regulation

after the words “the Banking Act,” there shall be inserted the words 5 regulations.

“financial institutions licensed under the Financial Institutions Act,”.

Amends regulation

In regulation 6 of the principal regulations, immediately after

paragraph (d), there shall be inserted the following paragraph

“(e) securities denominated in Maltese lira and, or euro

with a primary listing on the Malta Stock Exchange as follows

(i) Malta Government securities

(ii) corporate bonds

(iii) equities

(iv) collective investment funds investing mainly in

securities listed on the Malta Stock Exchange.”

In regulation 11(1)(b) of the principal regulations, for the

Amends regulation

words “and 6(d)” there shall be substituted the words “, 6(d) and

6(e)”.

Amends regulation

In regulations 13 of the principal regulations, the words

“more than Lm125” shall be replaced with the words “more than

Lm175”; for the words “is to” there shall be substituted the words

“in respect of the registration of assets referred to in regulations

6(a) and 6(b) shall”; and immediately after the words “with whom

the” there shall be inserted the word “relative”.

For the Schedule to the principal regulations, there shall

be substituted the following schedule

B

equivalent

equivalent

equivalent

Lm

Lm

Lm

Total

This Certificate is issued in respect of the registration of the eligible assets specified below in terms of the Special Registration Scheme Regulations, 2007. It entitles the

STRICTLY NON-TRANSFERABLE

Total securities

* To be filled only if the Lm and/ or euro bank deposits being hereby registered are held by the applicant or his fiduciary with a local credit institution as at 16 April, 2007

Lm securities

Lm deposits

(in figures)

Lm notes

registered beneficial owner of the said assets to the exemptions referred to in article 11 of the External Transactions Act and article 9B of the Income Tax Act.

securities

deposits

notes

euro

euro

euro

# To be filled only if the Lm and/ or euro locally listed securities being hereby registered are held by the applicant or his fiduciary as at 16 April, 2007

Collective investment

(in figures)

(in figures)

(in figures)

funds

Time

Time

Issued for the purposes of the Special Registration Scheme, 2007

(in figures)

(in words, block letters)

Equities

Registration Certificate

Type of account

Type of account

(in figures)

(in figures)

Savings

Savings

(in figures)

Section 1: To be completed by the Appointed Registration Agent

Corporate

that I/we also understand that in the event that I/we am/are receiving any benefit, exemption or other

advantage under the Social Security Act or under any other scheme made by the Government or any

public entity or under any other law, as a result of not having declared the eligible assets being

hereby registered (or income therefrom), I/we shall not be required to refund that benefit, exemption

or other advantage acquired before this registration. However, if after this registration, I/we continue

to take that benefit, exemption or advantage without being entitled thereto, I/we shall be considered

as never having enjoyed exemptions referred to in article 11 of the External Transactions Act and

article 9B of the Income Tax Act, and shall forfeit the right not to refund any benefit, exemption or

advantage acquired before this registration.

Section 6: Appointed Registration Agent’s Declaration

In completing Sections 1 and 4, we declare that

1. we have obtained the necessary information and the documentary evidence required for the proper

exercise of our function under the Scheme;

2. we undertake to retain relevant documentation for 10 years;

3. we undertake to deposit the registered currency notes in a special term deposit account with a credit

institution licensed under the Banking Act by not later than one business day after registration date;

4. we are bound by law by the duty of professional secrecy and shall not disclose any information

contained in the Registration Certificate, saving the provisions of regulation 9.