Financial Collateral Arrangements (Amendment) Regulations,

Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 17,734, 1 ta’ Marzu, 2005

L.N. 53 of 2005

SET-OFF AND NETTING ON INSOLVENCY ACT

(CAP. 459)

Financial Collateral Arrangements (Amendment) Regulations,

IN exercise of the powers conferred by article 7 of the Set-Off and

Netting on Insolvency Act, the Prime Minister and Minister of Finance

has made the following regulations>–

The title of these regulations is the Financial Collateral Citation and

commencement.

Arrangements (Amendment) Regulations, 2005, and they shall be read

and construed as one with the Financial Collateral Arrangements

Regulations, 2004, hereinafter referred to as “the principal regulations”. L.N. 177 of 2004.

Regulation 4(1) of the principal regulations shall be amended Amends regulation

4 of the principal

as follows>

regulations.

(a) for paragraphs (h) and (i) thereof, there shall be

substituted the following>

“(h) a management company as defined in Article 1a(2)

of Directive 85#611#EEC as amended by Directive

2001#107#EC<

(i) a central counterparty, settlement agent or clearing

house and a person, other than a natural person, who acts in a

trust or representative capacity on behalf of any one or more

persons that includes any bondholders or holders of other

forms of securitised debt or any entity as defined in paragraphs

(a) to (i)< or”< and

(b) immediately after paragraph (i) thereof there shall be

inserted the following new paragraph>

“(j) a person other than a natural person, including

unincorporated firms and partnerships, provided that the other

party is an entity as defined in paragraphs (a) to (i) hereof.”.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press