Home > 6 Political parties > MALTA - Act to Regulate the Formation, the Structures, Functioning and Financing of Political Parties and their Participation in Elections
 
 
 
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Article 27
 

(1) An auditor appointed to carry out an audit for the purposes of annual audits:                                                                                                    


(a) shall have a right of access at all reasonable times to the political party's books, documents and other records; and


(b) shall be entitled to require from the treasurer, any former treasurer and from any other political party official as the auditor deems fit, such information and explanations as he thinks necessary for the performance of his duty as auditor; and


(c) shall mutatis mutandis have all the powers and functions of an auditor who audits a commercial company.


(2) If any person fails to provide an auditor with any access, information or explanation to which the auditor is entitled by virtue of sub-article (1), the Commission shall give that person such written directions as it considers appropriate for securing that the default is made good.


(3) A person guilty of lack of compliance to any directions of the Commission under sub-article (2) shall be guilty of an offence under this Act and shall be liable to an administrative fine of between one thousand euro (€1,000) and ten thousand euro (€10,000) and to suspension from holding an office in a political party for a period of not more than three months by way of administrative sanction.


(4) Any person who knowingly or negligently makes a representation, whether written or oral, to an auditor appointed to carry out an audit for the purposes of annual audits, which conveys any information or explanation which is materially misleading, false or deceptive and to which the auditor is entitled by virtue of sub-article (1), shall be guilty of an offence and shall be liable to an administrative fine of between one thousand euro (€1,000) and ten thousand euro (€10,000) and to suspension from holding an office in a political party for a period of not more than three months by way of administrative sanction.