A Banking Resolution is a crucial governance document used by credit institutions in Malta to formally record and implement significant banking decisions. This document type is required under Maltese banking regulations when making material changes to banking operations, policies, or governance structures. The resolution must comply with the Banking Act (Chapter 371), Companies Act (Chapter 386), and relevant EU banking directives. It is particularly important when dealing with matters such as appointment of directors, changes in banking operations, implementation of new policies, or responses to regulatory requirements. The document requires proper authorization under Maltese law and may need to be filed with the Malta Financial Services Authority (MFSA) and/or the Central Bank of Malta, depending on the nature of the resolution.
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1. Title and Date: Formal identification of the document as a Banking Resolution, including date of the meeting
2. Corporate Details: Full legal name of the bank, registration number, and registered address
3. Meeting Details: Type of meeting (Board/Shareholder), location, time, and attendance details
4. Quorum Confirmation: Statement confirming that the required quorum was present as per the articles of association
5. Chairperson: Identification of the meeting's chairperson
6. Recitals: Background information explaining why the resolution is necessary
7. Declaration of Interests: Disclosure of any interests by directors in the matters being considered
8. Resolutions: The actual resolutions being passed, clearly numbered and detailed
9. Authority: Statement of authority to implement the resolutions
10. Certification: Formal certification of the resolution by authorized signatories
1. Regulatory Notifications: Section detailing required notifications to MFSA or other regulatory bodies, included when the resolution requires regulatory approval
2. Risk Assessment: Analysis of risks associated with the resolution, included for major operational or strategic decisions
3. Financial Impact Statement: Details of financial implications, included when resolution involves significant financial decisions
4. Implementation Timeline: Scheduled implementation of the resolution, included for complex operational changes
5. Delegation of Powers: Specific delegation of implementation powers, included when execution requires specific authorizations
1. Schedule 1 - Supporting Documents: List of documents reviewed in making the resolution
2. Schedule 2 - Attendance Register: Detailed list of attendees with their positions and roles
3. Schedule 3 - Voting Record: Record of how each eligible voter voted on the resolutions
4. Appendix A - Financial Reports: Relevant financial statements or reports referenced in the resolution
5. Appendix B - Legal Opinions: Any legal opinions or professional advice obtained
6. Appendix C - Regulatory Forms: Copies of required regulatory forms or notifications
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