Designated Financial Instruments Regulations, 2009

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 18,412, 30 ta’ April, 2009

Taqsima B

L.N. 140 of 2009

FINANCIAL MARKETS ACT

(CAP. 345)

Designated Financial Instruments Regulations, 2009

IN exercise of the powers conferred by articles 28 and 30 of

the Financial Markets Act, the Minister of Finance, the Economy

and Investment after consultation with the Malta Financial Services

Authority, has made the following regulations

(1) The title of these regulations is the Designated Title and

Financial Instruments Regulations, 2009.

(2) These regulations shall come into force on such

date as the Minister of Finance, the Economy and Investment may

by notice in the Gazette establish.

In these regulations unless the context otherwise requires

“the Act” means the Financial Markets Act and the

words and expressions used shall have the same meaning as is

given to them in the said Act, unless otherwise defined herein;

and

“the Registrar” has the same meaning assigned to it

under the Companies Act.

The following categories or classes of financial

instruments, whose register is maintained in a central securities

depository, shall be considered as “designated financial

instruments” for the purposes of Part IV of the Act

(a) shares in companies and other securities equivalent

to shares in companies, partnerships or other entities, and

depository receipts in respect of shares;

(b) bonds or other forms of securitised debt, including

depository receipts in respect of such securities and including

government stocks; and

(c) treasury bills.

(1) The information specified in sub-regulation (2)

hereof in relation to the designated financial instruments set out

in paragraphs (a) and (b) of regulation 3 shall be open to the

inspection of any person in terms of article 28(5) of the Act.

(2) The following information shall be available for

public inspection

(a) in the case of shares in companies, partnerships

or other entities and other securities equivalent to shares in

companies, partnerships or other entities

i.

the names and addresses of the holders thereof;

ii. a statement of the number of shares held by

each holder;

iii. any pledges thereon within the meaning of

Title XXI of Part II of Book Second of the Civil Code;

(b) in the case of bonds or other forms of securitized

debt in companies, partnerships or other entities

i. any pledges thereon within the meaning of Title

XXI of Part II of Book Second of the Civil Code.

(1) A central securities depository shall provide the

Registrar, on a daily basis and by such means and in such format

including electronic communication as may be required, with an

updated record of the information referred to in regulation 4, and

shall for this purpose from time to time enter

(2) The Registrar shall make any information provided

by a central securities depository in terms of sub-regulation (1)

hereof, available to the public.

€0.09