Declaration Of Interest Form for Malta

Declaration Of Interest Form Template for Malta

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Declaration Of Interest Form

"I need a Declaration of Interest Form for our Malta-based financial services company that complies with MFSA requirements, specifically designed for board members and senior executives who will need to declare their interests by March 2025."

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What is a Declaration Of Interest Form?

The Declaration of Interest Form is a crucial governance document required under Maltese law to promote transparency and prevent conflicts of interest in both public and private sectors. This document is mandated by various pieces of legislation including the Public Administration Act (Chapter 595) and the Companies Act (Chapter 386) of Malta. The form must be completed by individuals in positions of responsibility or decision-making roles, requiring them to disclose any personal, financial, or professional interests that could potentially influence their judgment or create conflicts with their official duties. The declaration typically covers direct and indirect interests, including shareholdings, property ownership, business relationships, and family connections. Regular updates may be required, particularly when circumstances change or as specified by organizational policies.

What sections should be included in a Declaration Of Interest Form?

1. Personal Information: Details of the declarant including full name, ID number, position/role, and organization

2. Purpose of Declaration: Statement explaining the purpose of the declaration and the period it covers

3. Direct Financial Interests: Declaration of shareholdings, investments, and other direct financial interests

4. Indirect Financial Interests: Declaration of interests held by family members or connected persons

5. Non-Financial Interests: Declaration of positions, affiliations, and relationships that could influence decision-making

6. Business Relationships: Details of any business relationships that might create conflicts of interest

7. Property Interests: Declaration of property ownership and related interests

8. Declaration of Truth: Formal statement confirming the truth and completeness of the declaration

9. Signature and Date: Space for signature, date, and witness details if required

What sections are optional to include in a Declaration Of Interest Form?

1. Public Office Specific Declarations: Additional declarations required for public officials under the Public Administration Act

2. Company Directorship Details: Specific section for company directors declaring interests under the Companies Act

3. Professional Services: Section for declaring professional services provided to other entities

4. Research Interests: For academic or research positions, declaring research funding and collaborations

5. Procurement Involvement: For those involved in procurement processes, declaring relevant commercial interests

6. Political Interests: Declaration of political affiliations or activities where relevant

7. Gifts and Hospitality: Section for declaring received gifts and hospitality above specified thresholds

What schedules should be included in a Declaration Of Interest Form?

1. Schedule A - Detailed Financial Holdings: Detailed list of all financial holdings including shares, bonds, and other investments

2. Schedule B - Connected Persons: List of family members and connected persons whose interests need to be declared

3. Schedule C - Property Details: Detailed information about declared properties including locations and values

4. Appendix 1 - Guidance Notes: Detailed guidance on completing the form and definitions of key terms

5. Appendix 2 - Relevant Legislation: Summary of relevant legislative requirements and obligations

6. Appendix 3 - Updates Log: Record of updates and changes to the declaration over time

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Public Administration

Financial Services

Healthcare

Education

Legal Services

Construction and Real Estate

Gaming Industry

Maritime Services

Professional Services

Non-Profit Organizations

Technology and Communications

Energy

Transport and Logistics

Relevant Teams

Board of Directors

Executive Management

Procurement

Finance

Legal and Compliance

Human Resources

Operations

Project Management Office

Research and Development

Investment

Risk Management

Corporate Governance

Audit

Advisory Committee

Grant Administration

Relevant Roles

Board Director

Chief Executive Officer

Company Director

Public Official

Senior Manager

Department Head

Procurement Officer

Financial Controller

Project Manager

Research Director

Investment Manager

Compliance Officer

Legal Counsel

Human Resources Director

Operations Manager

Board Member

Committee Member

Technical Advisor

External Consultant

Grant Administrator

Industries
Public Administration Act (Chapter 595 of the Laws of Malta): Primary legislation governing public administration in Malta, including provisions on declarations of interest for public officials and requirements for transparency in public service
Companies Act (Chapter 386 of the Laws of Malta): Contains provisions regarding directors' duties and disclosure requirements, including the obligation to declare interests in contracts or proposed contracts with the company
Code of Ethics for Public Employees and Board Members: Provides detailed guidelines on what constitutes a conflict of interest and what needs to be declared by public employees and board members
Malta Financial Services Authority Act: Contains specific requirements for declarations of interest in the financial services sector, particularly for regulated entities and their officers
Standards in Public Life Act (Chapter 570): Sets out the framework for declarations of assets, interests and holdings by persons of trust in public administration
EU Directive 2014/95/EU: European Union directive on non-financial reporting requirements, which includes transparency and disclosure requirements applicable to large companies in Malta
Prevention of Money Laundering Act (Chapter 373): Contains provisions requiring declarations of interest in certain financial transactions and business relationships to prevent money laundering
Public Procurement Regulations (S.L. 601.03): Contains provisions regarding declarations of interest in public procurement processes to prevent conflicts of interest
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