TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10 1 SUBSIDIARY LEGISLATION 331.10 TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) REGULATIONS 1st Jannar, 2018 LEGAL NOTICE 373 of 2017, as amended by Legal Notices 27 of 2020 and 133 of 2025. 1.
(1)The title of these regulations is Trusts and Trustees Act (Register of Beneficial Owners) Regulations.
(2)The purpose of these regulations is to implement the relevant provisions on beneficial ownership information of Directive (EU) 2015/849 of the European Parliament and of the Council of 20 May 2015 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, as applicable to trusts and trustees under the Act, and as may be further amended from time to time. 2.
(1)otherwise requires – In these regulations, unless the context "Act" means the Trusts and Trustees Act; Citation and scope. Amended by: L.N. 27 of 2020; L.N. 133 of 2025. Interpretation. Amended by: L.N. 27 of 2020; L.N. 133 of 2025. Cap. 331. "Authority" means the Malta Financial Services Authority; "beneficial owner" shall have the meaning assigned to it under the Prevention of Money Laundering and Funding of Terrorism Regulations, specifically as applicable to trusts, and for the purposes of these regulations shall be specifically applied to the following: (
- a)the settlor; (
- b)the trustee(s); (
- c)the protector, if any; (
- d)the beneficiaries, or where the individuals benefiting from the trust have yet to be determined, the class of persons in whose main interest the trust is set up or operates; and (
- e)any other person exercising ultimate and effective control over the trust by any means, including any person (other than those already referred to in paragraphs (
- a)to (
- d)of this definition) whose consent is to be obtained, or whose direction is binding in terms of the trust instrument or of any other instrument in writing, for material actions to be taken by the trustee; and S.L. 373.01 2 TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10 "beneficial ownership" shall be construed accordingly; "declaration of beneficial ownership" shall have the meaning assigned to it in regulation 3; "express trust" means a trust which is set up in writing, by means of a trust instrument as defined in the Act; Cap. 373. "Financial Intelligence Analysis Unit" means the Unit established under the Prevention of Money Laundering Act; "material actions" means the following actions or any other actions achieving the same result: (
- a)the amendment of the trust instrument; (
- b)the addition or removal of any beneficiary, or any person from a class of beneficiaries, or any action affecting the entitlement of a beneficiary; (
- c)the appointment or removal of trustees or protectors or to give another individual control over the trust; (
- d)the acceptance of an additional settlor as may be applicable in terms of the terms of the trust instrument; (
- e)the change of the Proper Law of the trust; (
- f)the assignment or transfer of all or most of the assets of the trust or the termination or revocation of the trust; "Minister" shall have the meaning assigned to it under the Act; "officers" means the directors of a trustee which is set up as a company or, where the trustee is another body corporate, the persons entrusted with the management and administration thereof; "private trustee" shall be interpreted and applied in accordance with article 43A of the Act; "trustee" shall have the same meaning as assigned to it in the Act and, unless the context otherwise requires, shall include "private trustee".
(2)These regulations shall only apply to express trusts: Provided that, these regulations may also apply to other types of legal arrangements, other than trusts, having a structure or functions similar to trusts, as may be prescribed by the Minister. TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10 3
(3)Unless otherwise stated or the context otherwise requires, terms and expressions used in these regulations which are also used in the Act and in the Prevention of Money Laundering and Funding of Terrorism Regulations, shall have the same meaning as in the Act or in the said regulations, as the context may require. S.L. 373.01 3.
(1)A trustee who is authorised or registered in terms of article 43 or article 43B of the Act, and a private trustee in terms of article 43A of the Act shall, within fourteen
(14)days of being appointed as a trustee of an express trust, submit to the Authority a declaration of beneficial ownership, in the form established by the Authority, in respect of every such trust. The declaration of beneficial ownership shall include the name of the trust and the information referred to in sub-regulation
(2)on all the beneficial owners of the trust and such information shall be adequate, accurate and up to date, and shall be signed by the trustee. Where the trustee is a company, such declaration shall be signed by at least two
(2)directors, and where the trustee is another body corporate it shall be signed by at least two
(2)persons entrusted with the management and administration thereof. Declaration of beneficial ownership. Amended by: L.N. 27 of 2020; L.N. 133 of 2025.
(2)Without prejudice to the customer due diligence requirements emanating from the Prevention of Money Laundering and Funding of Terrorism Regulations and any implementing procedures issued thereunder, the information on the beneficial owners of the trust to be provided to the Authority in accordance with sub-regulation
(1)shall, in respect of each beneficial owner, consist of: S.L. 373.01 (
- a)the full name and surname; (
- b)the day, month and year of birth; (
- c)the nationality or where a beneficial owner has more than one
(1)nationality, the nationalities; (
- d)country of residence; (
- e)an official identification document number indicating the type of document and the country of issue; (
- f)the role of the beneficial owner in relation to the trust, in terms of paragraphs (
- a)to (
- e)of the definition "beneficial owner" under regulation 2; and (
- g)in the case of a beneficiary as defined under paragraph (
- d)of the definition "beneficial owner" under regulation 2, the nature and extent of the benefit as well as, where applicable, an indication as to whether the trust instrument includes any suspension of the trustee’s duty to inform such beneficiary of his benefit under the trust or that he 4 TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10 forms part of a class of beneficiaries which may so benefit.
(3)For the purposes of this regulation, where the beneficiaries of a trust are a class of beneficiaries, the following rules shall apply unless stated otherwise in the trust instrument or any other instrument indicating the beneficiaries of the trust: (
- i)the class shall be described and its members declared as required by this regulation; (
- ii)when reference is made to the "family" of a person, the class is considered to be made up of the person, his direct ascendants, his spouse, his direct descendants, and unless excluded, their respective spouses; (iii) when a child is born or a marriage takes place, unless stated otherwise, such child and spouse shall be declared within three months of the notification to the trustee of the birth or marriage; (
- iv)"children" include children born out of wedlock and adopted children; (
- v)"spouse" includes the person who the relevant person is married to at the relevant time and not persons who they have divorced or separated from, and also includes persons with whom there is a civil union or a cohabitation or a de facto arrangement recognized by law in the country where they are habitually resident, including where permitted, of the same gender; (
- vi)the information prescribed in this subregulation shall be submitted to the Authority as soon as a beneficiary is determined from such a class, or is appointed as a beneficiary under the trust, whichever is the earlier: Provided that nothing in the above shall affect the interpretation of a trust instrument or any other instrument indicating the beneficiaries of the trust, or any entitlements of persons who may or may not be beneficiaries or have any entitlements, which shall be governed by the trust instrument or any such other instrument and principles of applicable law, and the declaration made for the purposes of these regulations may not be used for the purpose of proving whether an entitlement exists or not or the extent thereof.
(4)Where a trust is set up solely for a charitable purpose in TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10 5 terms of the Act, and which does not have any beneficiaries as defined in paragraph (
- d)of the definition "beneficial owner" under regulation 2, the trustee shall only be required to provide the beneficial ownership information relating to the persons mentioned in paragraphs (
- a)to (
- c)and (e).
(5)Where an individual beneficiary has not yet received any financial payment or been provided with a non-financial benefit, or the beneficiary may not be aware of his entitlement under the trust, and verification of identity may therefore not have been carried out on the said beneficiary, it shall be sufficient to provide the identification details which are available on the trust instrument or on any other written document by the settlor wherein such beneficiary is named. Provided that information contained in a trust instrument, any other instrument indicating the beneficiaries of the trust, a power of attorney, an engagement or instruction letter, or any other official document, shall be deemed to be sufficiently reliable for the purposes of carrying out the duties under this regulation. 3A.
(1)The provisions of regulation 3 shall also apply to any trustee of a trust whose place of establishment or residence is outside the European Union, where such trustee enters into a business relationship, as defined under article 2 of the Prevention of Money Laundering and Funding of Terrorism Regulations, or acquires real estate in Malta, in its capacity as trustee of a trust. Added by: L.N. 27 of 2020. S.L. 373.01.
(2)The trustee of a trust whose place of establishment or residence is outside the European Union shall comply with the provisions of regulation 3 within fourteen days from the date when the business relationship has been established or the real estate acquired, as the case may be. 4.
(1)The information on the beneficial owners of every express trust provided to the Authority in accordance with regulation 3 or regulation 3A shall be entered and held by the Authority in a register of beneficial owners kept by the Authority for this purpose.
(2)Where there are co-trustees of a trust who are established or reside in different Member States of the European Union, the Authority may consider a certificate of registration or an excerpt of the beneficial ownership information held in a register by one Member State as sufficient proof of having fulfilled the obligations in terms of regulation 3.
(3)Where a trustee whose place of establishment or residence is outside the European Union, enters into multiple business relationships in such trustee’s capacity as trustee of a trust or person holding an equivalent position in different Member States of the European Union, the Authority may consider a certificate of Register of beneficial owners of trusts. Amended by: L.N. 27 of 2020. 6 [ S.L. 331.10 TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) registration or an excerpt of the beneficial ownership information held in a register by one Member State as sufficient proof of having fulfilled the obligations in terms of regulation 3A.
(4)The information provided by a trustee as required in terms of regulation 3 and regulation 3A shall be deemed to be sufficiently reliable for the Authority in fulfilment of its duties under these regulations. Notice of change in beneficial owners and annual declaration. Amended by: L.N. 27 of 2020; L.N. 133 of 2025. 5.
(1)Where there is a change in the beneficial ownership of an express trust, the trustee shall, within fourteen days after the date on which the change is recorded by the trustee, notify the Authority of the change, providing the information required under regulation 3 on any new beneficial owner, and the effective date of changes made. The said changes shall be entered in the register of beneficial owners: Provided that if the change in the beneficial ownership information relates to a change in trustee, it shall be the duty of the new trustee to notify the Authority of such change.
(2)A trustee who has submitted a declaration of beneficial ownership for any trust in terms of regulation 3, 3A, 8 or 8A shall, for every such trust, submit annually thereafter, and by not later than 31st January of each year, a declaration confirming that there have been no changes to the beneficial ownership of the trust in the previous calendar year, other than any changes notified in terms of subregulation
(1).
(3)The notice referred to in sub-regulation
(1)and the declaration referred to in sub-regulation
(2)shall be signed by the trustee. Where the trustee is a company, such notice or declaration shall be signed by at least two directors, and where the trustee is another body corporate they shall be signed by at least two persons entrusted with the management and administration thereof. Access to beneficial owner information . Amended by: L.N. 27 of 2020; L.N. 133 of 2025. 6.*
(1)The information on the beneficial owners of an express trust held by the Authority in the register of beneficial owners shall be accessible to: (
- a)(
- i)national competent authorities with designated responsibilities for combating money laundering and terrorist financing; (
- ii)national competent authorities that have the function of investigating or prosecuting money laundering, associated predicate offences and terrorist financing, or of tracing, seizing, freezing and confiscating criminal assets; *Came into force on 1st April, 2018. TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) (iii) the Financial Intelligence Analysis Unit; (
- iv)national tax authorities. (
- v)Deleted by Legal Notice 27 of 2020. [ S.L. 331.10 (
- vi)any other national competent authority within the meaning assigned to it in the Prevention of Money Laundering and Funding of Terrorism Regulations; S.L. 373.01. (
- b)subject persons in terms of the Prevention of Money Laundering and Funding of Terrorism Regulations, for the purpose of carrying out customer due diligence in accordance with the said regulations, in a timely manner: S.L. 373.01 Provided that the subject persons mentioned in subregulation
(1)(
- b)shall be required to submit to the Authority: (
- i)an executed engagement letter engaging the subject person; or (
- ii)a power of attorney, licence, warrant or other evidence of the function of the subject person; or (iii) a declaration that the purpose of the enquiry relates to the duties of the subject person or alternatively the basis of such request; or (
- iv)any other document which the Authority may deem necessary. (
- c)any natural or legal person that, upon a written request made under regulation 6A, can demonstrate a legitimate interest. For the purposes of these regulations: (
- i)a legitimate interest to be granted access to information on the beneficial ownership of a trust shall be conclusively determined, on a case by case basis, by the Authority and shall be satisfactorily demonstrated if the person requesting such access can prove that the interest specifically and solely relates to and will contribute to the prevention, detection and combating of money laundering or the associated predicate offences or the financing of terrorism and shall be justified on the basis of previous activities and a proven track record of actions in that field, by means of relevant documentary evidence; 7 8 TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10 (
- d)(
- ii)Unless prohibited by these regulations or applicable law, in the event that the Authority considers that there exists a legitimate interest to be granted access to beneficial ownership information, it shall notify the trustee of its conclusions and the reasons for its decision and shall grant the trustee at least ten
(10)working days to present any submissions to it in writing which the trustee may wish to make. (iii) After consideration of such submissions, if any, the Authority shall notify the applicant and the trustee of its final decision. Deleted by Legal Notice 133 of 2025.
(2)Access to information on a beneficial owner of a trust under sub-regulation
(1)(
- b)and (
- c)may be refused by the Authority, in full or in part, where in exceptional circumstances to be justified by means of documentary evidence, and to be determined on a case by case basis following a detailed evaluation of the exceptional nature of the circumstances, the Authority considers that access to such beneficial ownership information would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable: Provided that sub-regulation
(2), shall not apply to: S.L. 373.01. (a) any legal or natural person carrying out ‘relevant financial business’ as defined in regulation 2
(1)(
- a)to (
- f)and (
- h)of the Prevention of Money Laundering and Funding of Terrorism Regulations; S.L. 373.01. (
- b)notaries and other independent legal professionals, carrying out a ‘relevant activity’ as defined in regulation 2
(1)of the Prevention of Money Laundering and Funding of Terrorism Regulations, in their capacity as public officials; and (c) 6
(1)(a). S.L. 373.01 authorities referred to in regulation
(3)Subject persons shall not rely exclusively on the register of beneficial owners to fulfil their customer due diligence obligations in terms of the Prevention of Money Laundering and Funding of Terrorism Regulations. TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10
(4)The fact that trustees comply with these regulations with regard to provision of information to the Authority shall not imply that such trustees do not remain equally obliged to provide any information requested of them by subject persons taking customer due diligence measures in accordance with the Prevention of Money Laundering Act and applicable regulations, as well as others entitled to such information under any other relevant legislation, about such trust and beneficial owners. 9 Cap. 373.
(5)The access granted by the Authority to the information on the beneficial owners of a trust to natural or legal persons who have satisfactorily demonstrated a legitimate interest in terms of subregulation
(1)(
- c)shall, in respect of each beneficial owner, consist of: (
- i)the name and surname; (
- ii)the month and year of birth; (iii) the nationality; (
- iv)the country of residence; and (
- v)the nature and extent of the beneficial interest held.
(6)The authorities referred to in this regulation and the Financial Intelligence Analysis Unit may, in pursuance of their functions in accordance with applicable law, provide information on beneficial owners accessible to them in terms of this regulation to competent authorities and to Financial Intelligence Units of other Member States of the European Union and third countries.
(7)Access to the information on the beneficial owners of the trust held by the Authority in the register of beneficial owners shall be subject to on-line registration and to the payment of a fee, to be prescribed in a legal notice issued by the Minister, for every access request in respect of the information on the beneficial owners of each trust: Provided that access to the provision of information on beneficial owners of trusts by national competent authorities and the Financial Intelligence Analysis Unit as identified in regulation 6
(1)(a) shall not be subject to the payment of a fee. 6A.
(1)The Authority shall receive requests for access to the beneficial ownership information based on a legitimate interest in terms of regulation 6
(1)(c) in writing and shall, in a timely manner from the date of receiving such request, notify the applicant of the Authority’s decision, following an evaluation to determine whether the applicant requesting access to the register of beneficial ownership information satisfactorily demonstrates and justifies to the Authority a legitimate interest in terms of regulation 6
(1)(c). Requests for access to the beneficial ownership information based on a legitimate interest and the decision taken by the Authority. Added by: L.N. 27 of 2020. 10 TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10
(2)In determining and arriving at a decision whether the applicant has a legitimate interest, the Authority may request any information or any relevant documentary evidence it deems necessary, and may seek guidance from or consult with any person, authority or other body as may be deemed necessary.
(3)The Authority may, but shall not be obliged to, notify the trustee of the request made for access to the beneficial ownership information of a particular trust administered by that particular trustee. The Authority may request from the trustee any pertinent information required by the Authority in order to assess and process the request. Appeal from a decision of the Authority denying access to the register of beneficial owners. Added by: L.N. 27 of 2020. 6B.
(1)(
- a)An applicant who feels aggrieved by a decision of the Authority denying access, in full or in part, to the beneficial ownership information requested on the basis of legitimate interest, in terms of regulation 6A, may appeal to the Court of Appeal (Inferior Jurisdiction) (hereinafter referred to as "the Court") by means of an application filed in the registry of that court within twenty days from the date on which the Authority’s decision has been notified to such person. (
- b)the appeal application shall be made in writing clearly explaining the grounds for such appeal and filed against the Authority, which shall have twenty days from the date of service within which to file a reply: Provided that, if the appellant fails to notify the appeal application to the Authority within twenty days of the filing of the appeal, the Court, after hearing during the first sitting of the appeal the reasons why service was not affected, may declare by means of a decree delivered in Court that the appeal is deserted with expenses to be borne by the appellant. (
- c)the Court shall set down the cause for hearing to a date no later than two months from when the date on which the appeal is brought before it and shall cause notice of such date to be given to the parties to the suit. (
- d)after appointing the application for hearing, and after listening to oral or written submissions, as the case may be, made by the parties and any evidence that they may be authorised to submit, the Court shall decide the application on its merits, within the shortest time possible but not later than four months from the day when the application has been appointed for hearing. TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10 (
- e)if the Court decides in favour of the appellant, the Court shall, in its decision, indicate the time frame within which the appellant is to be granted access to the beneficial ownership information requested in terms of regulation 6
(1)(c). (
- f)if, during the hearing of the appeal, the Court finds that the application is frivolous and vexatious, the Court may decide to impose on the applicant, a penalty, to be paid to the Authority, of between one thousand euro (€ 1,000) and five thousand euro (€5,000), as the Court shall determine. (
- g)the Court vacations provided for in the Court Practice and Procedure and Good Order Rules shall not suspend the hearing of the appeals filed in terms of these regulations: Provided that for the purposes of this regulation, the Court may, for reasons deemed serious and necessary by the Court, by means of a decree, extend for a reasonable period, the judicial time limits that are imposed on it according to these regulations.
(2)The persons referred to under regulation 6
(1)(b), (
- c)and (
- d)who are aggrieved by a decision of the Authority denying access to the beneficial ownership information, in full or in part, on the basis that access to such beneficial ownership information would expose the beneficial owner to the risk of fraud, kidnapping, blackmail, extortion, harassment, violence or intimidation, or where the beneficial owner is a minor or otherwise legally incapable, in terms of regulation 6
(2), may appeal against such decision to the Court of Appeal (Inferior Jurisdiction), under the same terms and conditions indicated in subregulation
(1)and, accordingly, the provisions of sub-regulation
(1)shall apply mutatis mutandis.
(3)(
- a)Proceedings in relation to the determination of a legitimate interest under this regulation shall be held in camera and only the appellant and other parties who can prove they have an interest in the proceedings to the satisfaction of the Court, and their respective advocates and legal procurators shall be allowed in Court during the hearings; (
- b)Any decree or decision of the Court shall preserve the confidentiality of the proceedings and shall only reveal such facts as may be necessary to make the same intelligible and enforceable by the parties; (
- c)All applications, responses, affidavits, statements and other documents or evidence shall be kept by the Registrar of the Court in a confidential manner and no access shall be given thereto except with the S.L. 12.09. 11 12 [ S.L. 331.10 TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) written consent of the Court. Inaccuracies or discrepancies in the information available in the register. Added by: L.N. 27 of 2020. 6C.
(1)Where the Authority has reasonable cause to believe that the beneficial ownership information submitted in respect of a trust may not be accurate and updated, the Authority may make enquiries with the trustee or carry out any other action in terms of its powers granted to it under the Act, in order to establish the current beneficial ownership.
(2)Where a national competent authority and, or the Financial Intelligence Analysis Unit referred to in regulation 6
(1)(a), if appropriate, and to the extent that this requirement does not interfere unnecessarily with its functions, as well as any person referred to in regulation 6
(1)(b), becomes aware of any discrepancies between the beneficial ownership information available in the register referred to in regulation 4 and the beneficial ownership information available to them, they shall report such discrepancies to the Authority.
(3)Where discrepancies are reported and communicated to the Authority in terms of sub-regulation
(2), the Authority shall take any appropriate actions in order to resolve such discrepancies in a timely manner. Until such time as the discrepancies are rectified, any reference to such discrepancies may be included in the register referred to in regulation
- Data protection and confidentiality.
- Access to or receipt of information in terms of these regulations shall be without prejudice to the applicable data protections laws and rules in relation to the processing of personal data. Applicability to trusts prior to the coming into force of Substituted by: L.N. 27 of
- Every trustee authorised or registered in terms of the Act shall, with regard to every express trust in respect of which the trustee was so acting prior to the coming into force of the Trusts and Trustees Act (Register of Beneficial Owners) (Amendment) Regulations, submit to the Authority a declaration of beneficial ownership within six months of the coming into force of the said regulations: Amended by: L.N. 27 of
- Provided that the above six month transitory period shall not apply to any trustee of a trust who was already required to submit a declaration of beneficial ownership in terms of the requirements set out in these regulations prior to 1 January
- Applicability to private trustees. Added by: L.N. 133 of
- 8A. Every individual acting as a private trustee in terms of the Act shall, with regard to every trust in respect of which the private trustee was so acting before 11th July 2025, submit to the Authority a declaration of beneficial ownership within six
(6)months of the said date. TRUSTS AND TRUSTEES ACT (REGISTER OF BENEFICIAL OWNERS) [ S.L. 331.10
- Where a trustee, in terms of regulation 3 or regulation 3A, contravenes or fails to comply with any of the provisions of these regulations, the Authority may impose an administrative penalty which may not exceed one hundred and fifty thousand euro (€150,000): 13 Administrative penalties. Substituted by: L.N. 133 of
- Provided that a trustee referred to in these regulations shall not be held liable if it is shown that the trustee had exercised all due diligence to comply with the provisions of these regulations and the default was not due to negligence or fault on the part of the trustee or any of its officers as may be applicable. 10.
(1)In accordance with the requirements of Directive EU/2015/849 of the European Parliament and the Council of 20th May 2015, the register of beneficial owners held by the Authority in accordance with regulation 4 shall be interconnected with the central registers of Member States via the European Central Platform established by Article 4a
(1)of Directive 2009/101/EC, as amended by Directive 2012/17/EU. Interconnection of the register of beneficial owners.
(2)The information on the beneficial owners of a trust as defined in regulation 3, held by the Authority in the trust register of beneficial owners shall be available and accessible through the system of interconnection of registers mentioned in this regulation. 10A. The information held in the Authority’s register of beneficial owners of a trust under regulation 4 shall be available through such register for at least ten years after the grounds for registering the beneficial ownership information have ceased to exist. Duration for which information on register shall be available. 11. Any document which is required to be delivered to the Authority under any of the provisions of these regulations, and any such delivery and the retention of any such document by the Authority, may be in such format and by such means including in electronic form and by electronic communication, within the meaning of the Electronic Commerce Act, as the Authority may deem appropriate. Electronic communication. Cap. 426.