FOI

 

Public Authority Malta Financial Services Authority (MFSA)
Description of the department/directorate/entity’s structure MFSA Structure
Description of the department/directorate/entity’s functions and responsibilities MFSA Functions
General description of the categories of documents the department/directorate/entity holds (including exempt documents) The Authority holds documents falling under the following main categories:

 

  • Policy documents, consultative papers, reports, and related working documents on themes that fall within the functions of the Authority
  • International Agreements (Memoranda of Understanding) and related exchange of information documents
  • Personal questionnaires submitted to the MFSA by persons applying for a licence or other form of authorisation.
  • Reports on the findings of MFSA representatives during on-site inspections carried out at the offices of licence holders.
  • Reports on the findings of MFSA representatives from examinations of reports submitted regularly by licence holders.
  • Reports of trading transactions carried out on recognised exchanges.
  • Correspondence entered into between licensed entities and the MFSA (and vice-versa) in relation to regulatory and supervisory matters.
  • Lists of ‘insiders’ of listed issuers and reports of trades carried out by persons discharging managerial responsibilities within an issuer as required under the Prevention of Financial Markets Abuse Act
  • Financial returns as well as audited financial statements submitted by Licence Holders
  • Internal Procedures and check-lists relating to the Unit’s on-site and off-site supervisory work
  • Documents pertaining to applications for admissibility to listing of securities on the Malta Stock Exchange in terms of the Listing Rules
  • Documentation  relating to transfers of portfolios of  insurance business;
  • Documentation relating to reinsurance arrangements of insurance licence holders;
  • Copies of agreements (e.g. agency agreements, underwriting and binding agreements) entered by insurers and intermediaries;
  • Outsourcing agreements entered by insurance licence holders with third party service providers;
  • Documents filed in accordance with the Companies Act
  • Dossiers related to procurement
  • Personal files of all employees
  • Staff Self-Development scheme files.
  • Documentation related to Consumer Complaints
Description of all manuals and similar types of documents which contain policies, principles, rules or guidelines in accordance with which decisions or recommendations are made in respect of members of the public (including bodies corporate and employees of the public authority in their personal capacity)
  • Staff Handbook

 

Note:

Some of the information listed above is exempt from disclosure under the Freedom of Information Act (Cap. 496). Documents obtained from licence holders and persons employed by or otherwise connected with licence holders and with applicants for business in accordance with the provisions of financial services laws constitute a category of documents which is protected by the duty of professional secrecy and cannot be made public.’ As regards Documents filed in accordance with the Companies Act, it is notified that these documents are already available for public scrutiny.
Statement of the information that needs to be available to members of the public who wish to obtain access to official documents from the public authority, which statement shall include particulars of the officer or officers to whom requests for such access should be sent The FOI officers of the MFSA may be contacted by e-mail [email protected] or by telephone 21441155 / 25485478 / 25485196.

 

FOI Requests may be submitted by e-mail to [email protected], through the FOI Portal www.foi.gov.mt via the e-ID or through the online form.
Details of Internal Complaints Procedure An applicant whose request for information is refused, or who is otherwise not satisfied with the information provided, its format or the extension of the deadline for the submission of the notification indicating whether a request would be met or not, may address a complaint to the MFSA.

 

The complaint should be addressed to FOI Officer of the MFSA who shall bring the complaint to the attention of the Board of Management and Resources.  The latter shall reply to the applicant within 10 working days from the receipt of the complaint. The applicant shall also be informed that he or she may appeal the decision or otherwise address a complaint to the Information and Data Protection Commissioner in accordance with the Freedom of Information Act (Cap. 496 of the Laws of Malta).

 

The officer responsible shall inform the applicant of the decision taken with respect to his or her complaint, and in the event of confirmation of a decision not to release the pertinent information, shall explain the reasons thereof. Whenever the applicant’s complaint is related to the format of the information provided or to an extension of the deadline for the submission of the notification indicating whether a request would be met or not by the Authority, and the original decision is upheld, the applicant shall be given an explanation as to why his or her complaint cannot be positively addressed.

 

An applicant may also make use of the Internal Complaints Procedure to report failure to meet deadlines or to send notifications.
Other Information Monday to Thursday 08.00hrs to 17.00hrs;

 

Friday 08.00hrs to 14.00 hrs.

 

Complaints may be submitted by e-mail to [email protected], through the FOI Portal www.foi.gov.mt via the e-ID or through the online form.

 

Accepted payment modalities: cash, cheques and credit cards.
Public Authority Contact Details Address:   Triq l-Imdina, Zone 1, Central Business District, Birkirkara  CBD 1010

 

Telephone:  21441155

 

Generic e-mail address: [email protected]