ESTABLISHMENT OF ADMINISTRATIVE PENALTIES AND SANCTIONS [ S.L.442.04 1 SUBSIDIARY LEGISLATION 442.04 ESTABLISHMENT OF ADMINISTRATIVE PENALTIES AND SANCTIONS REGULATIONS 1st December, 2003 LEGAL NOTICE 115 of 2003 as amended by Legal Notices 426 of 2007 426 of 2012, 215 of 2020 and 329 of
- The title of these regulations is the Co-operative Societies (Estab lish men t o f Adm in istrati ve Penal ties and Sancti ons) Regulations. Title.
- Words used in these regulations shall have the same meaning as in the Co-operative Societies Act, hereinafter referred to as “the Act”. Definitions. Cap.
- The Board shall have the power to impose administrative penalties and sanctions in accordance with the Schedule and such administrative penalty or sanction shall be payable to the Board as a civil debt constituting an executive title for the purposes of Title VII of Part I of the Second Book of the Code of Organization and Civil Procedure as if the payment of the amount of the fine had been ordered by a judgement of a court of civil jurisdiction. Civil debt constituting an executive title. Substituted by: L.N. 329 of
- Cap.
- The Board shall also have the authority to publish in daily newspapers and in the broadcasting media the names of those cooperative societies which have become subject to administrative penalties and sanctions imposed on them by the same Board as provided for in these regulations and in the Act: Authority to publicize. Provided that the Board shall use this authority only to give public notice of such contravention, and during such time as the said contravention persists. 5.
(1)The taking of proceedings for the use and application of administrative penalties and sanctions by the Board with respect to a contravention as outlined in these regulations shall preclude the taking of criminal proceedings against the same person in respect of the same contravention. Preclusion of dual proceedings.
(2)The provisions of these regulations shall not apply in those cases where criminal proceedings are commenced in respect of a contravention included in the Schedule. 6. The Board may, in exceptional circumstances that a public health emergency is declared or regulations come into force in accordance with article 26 of the Public Health Act, during the period when the public health emergency is in force or the regulations are in force suspend the period when it imposes penalties and administrative sanctions established in the Schedule resulting from non-compliance with articles 48, 64
(1)and 65
(1)of the Act up to a maximum of seventy-five
(75)days until the public health emergency is lifted by the Superintendent of Public Health or the regulations are no longer in force. Suspension of administrative penalties and sanctions. Substituted by: L.N. 329 of
- Cap.
- 2 [ S.L.442.04 ESTABLISHMENT OF ADMINISTRATIVE PENALTIES AND SANCTIONS ESTABLISHMENT OF ADMINISTRATIVE PENALTIES AND SANCTIONS [ S.L.442.04 3 [ S.L.442.04 4 Substituted by: L.N. 426 of
- Amended by: L.N. 426 of
- ESTABLISHMENT OF ADMINISTRATIVE PENALTIES AND SANCTIONS SCHEDULE [Regulation 3 and 5
(2)] The Board may inflict on any person who has violated any of the articles of the Act or of any regulations made thereunder as listed in the First Column of this Schedule and described in brief in the Second Column of this Schedule, the corresponding penalties listed in the Third and Fourth Column of this Schedule. First Column Second Column Third Column Fourth Column Article Contravention Penalty Additional Penalty 13, 39
(2)Failure to submit within a specified time to the Board such information (e.g. list of members, their address, occupied post and a legally valid identification document number) as may be requested €116.47 €69.88 per month or part thereof 14
(2), 20
(1)(b) Failure to undertake or execute any legitimate order issued by the Board €116.47 €69.88 per month or part thereof 18
(1)Misuse or abuse of the word “cooperative”, “koperativa” or any derivatives thereof (such as “coop”) €116.47 28
(3)Failure of a provisionally registered cooperative to show its provisional legal standing on all its correspondence €116.47 37
(2)Failure to register a change of address with the Board €116.47 38
(1)Failure to maintain an updated Register of Members and Shares €116.47 39
(1)Failure to allow Society Members to inspect the Society Statute, list of members and Act free of charge €116.47 45
(3), 66(h) Failure to appoint an Auditor €116.47 47, 110
(1)(b) A Society, its members or its officials knowingly or recklessly provides misleading, false or deceptive information to auditors or other persons €465.87 48
(1), 48
(4)F a i l u r e b y a C om m i t t e e o f M a n a g e m e n t a n d / o r Auditor to sign audited accounts (including failure to provide signature of individual) €116.47 48
(1)(a) Non Compliance of Financial Report with Third Schedule of the Act €116.47 48
(1)Audited Financial Report not sent to the Board within the stipulated time €116.47 48, 64
(1), 65
(1)Annual General Meeting is not convened within six months of the closure of the financial year €116.47 53 Society accepts the application for membership of a person who is not eligible for membership €116.47 53
(2)(
- d)Society accepts the membership application of a commercial partnership without informing the Board immediately €116.47 57 A member of a Society has more than 40% of the share capital of that society €116.47 66(
- b)Audited financial accounts not presented during an annual general meeting €116.47 72 A Society accepts a person on its committee of management when such person is not eligible to occupy such a post €116.47 101
(3)Failure by liquidator to deposit funds or other assets of a dissolved Society as determined by the Board. €116.47 €23.29 per day or part thereof €69.88 per month or part thereof ESTABLISHMENT OF ADMINISTRATIVE PENALTIES AND SANCTIONS [ S.L.442.04 5 101
(4)Failure by liquidator to submit an annual progress report to the Board relating to the process of liquidation of a Society €116.47 €69.88 per month or part thereof 110
(1)(a) A Society, its members or its officials deliberately refuse or fail to provide information or to perform duties required by the Act €116.47 €69.88 per month or part thereof 110
(1)(a) A Society fails to adjourn and update its Statute in accordance with Chapter 442 of the Laws of Malta €116.47 110
(1)(c) A person deliberately, or without valid reason, fails to obey or execute a legitimate order issued in writing under the Act €116.47 110
(1)(d) A person acts as a member of a committee of management or of a supervisory board when such person is not entitled to do so €116.47 110
(1)(e) A Society, its members or its officials perform an action which requires the prior consent or approval of the Board, without first having obtained such prior consent or approval €116.47 110
(1)(f) A Society, its members or its officials deliberately fail to fulfil or endorse a function which is required under the Act €116.47 110
(1)(g) A Society, its members or its officials deliberately perform or endorse an action which is prohibited under the Act €116.47