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On 29th March 2016, the Malta Financial Services Authority (the MFSA or the Authority) decided to apply a number of restrictions on FIMBank plc through applying limitations on the expansion and further investment in its network of subsidiary and associated entities, in terms of the powers granted to the Authority under article 17E(1)and (2) of the Banking Act and sub-regulation 9(e) of the Banking Act (Supervisory Review) Regulations (subsidiary legislation 371.16).
Following an on-site inspection carried out during March and April 2015, on the basis of an accumulation of findings, the MFSA has determined that the governance arrangements, processes and mechanisms in place at the time of the inspection were not considered to be comprehensive to the nature, scale and complexity of the credit institution’s activities. Therefore, the requirements of article 17(B)(1) and 17(B)(2) of the Banking Act (Cap. 371) were not met.
Mitigating Factors
On the basis of a thorough assessment of the developments that have taken place subsequent to the conclusion of the on-site inspection, the Authority considers that significant progress has been registered by the FIMBank plc to remediate identified shortcomings. Accordingly, the Authority specifies that certain mitigating factors, particularly the positive stance taken by the Bank’s Board of Directors through inter alia the changes in senior management structures, the sustained level of shareholder support, the fact that actions to implement the corrective measures as requested by the Inspectors have been taken (or are in the process of being undertaken) and the collaborative stance adopted by the Bank’s Board of Directors and executive management, had a material bearing on its assessment and consideration to impose this regulatory action.
This notice is being published in terms of the powers vested in the MFSA under the Malta Financial Services Authority Act (Cap. 330).