MT
Funds) (Amendment) Regulations, 2016
Statutory Text (5 Articles)
Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 19,589, 10 ta’ Ġunju, 2016
L.N. 218 of 2016
INVESTMENT SERVICES ACT
(CAP. 370)
Investment Services Act (Marketing of Alternative Investment
Funds) (Amendment) Regulations, 2016
IN exercise of the powers conferred by article 12 of the
Investment Services Act, the Minister for Finance, acting on the
advice of the Malta Financial Services Authority, has made the
following regulations:-
The title of these regulations is the Investment Services Citation.
Act (Marketing of Alternative Investment Funds) (Amendment)
Regulations, 2016, and these regulations shall be read and construed
as one with the Investment Services Act (Marketing of Alternative S.L. 370.21
Investment Funds) Regulations, hereinafter referred to as "the
principal regulations".
For sub-regulation (1) of regulation 3 of the principal Amends
regulation 3 of
regulations, there shall be substituted the following
the principal
regulations.
"(1) A Maltese AIFM may market to professional
investors in Malta, units or shares of a European AIF which it
manages and such European AIF, prior to commencement of its
marketing in Malta, shall meeting the conditions prescribed in
this regulation
Provided that the European AIF shall be
(a) authorised or registered in a Member State or
EEA State other than Malta, and in such case shall be
exempt from the provisions of article 4 of the Act;
(b)
authorised in Malta;
(c) where not authorised or registered in a
Member State or EEA State, the European AIF has its
registered office and, or head office in a Member State or
EEA State including Malta and in such case it shall be
exempt from the provisions of article 4 of the Act.".
For sub-regulation (1) of regulation 4 of the principal Amends
regulation 4 of
regulations, there shall be substituted the following
the principal
regulations.
"(1)
A Maltese AIFM may market to professional
investors in a Member State or EEA State other than Malta,
units or shares of a European AIF which it manages and such
European AIF, prior to commencement of its marketing in a
Member State or EEA State other than Malta, shall meet the
conditions prescribed in this regulation
Provided that the European AIF shall be
(a) authorised or registered in a Member State or
EEA State other than Malta, and in such case shall be
exempt from the provisions of article 4 of the Act;
(b)
authorised in Malta;
(c) where not authorised or registered in a
Member State or EEA State, the European AIF has its
registered office and, or head office in a Member State or
EEA State including Malta and in such case it shall be
exempt from the provisions of article 4 of the Act.".
For sub-regulation (1) of regulation 5 of the principal
regulation, there shall be substituted the following
"(1) A European AIFM may market to professional
investors in Malta, units or shares of a European AIF that it
manages and such European AIF, prior to commencement of its
marketing in Malta, shall meet the conditions prescribed in this
regulation
Provided that the European AIF shall be
(a) authorised or registered in a Member State or
EEA State other than Malta, and in such case shall be
exempt from the provisions of article 4 of the Act;
(b)
authorised in Malta;
(c) where not authorised or registered in a
Member State or EEA State, the European AIF has its
registered office and, or head office in a Member State or
EEA State including Malta and in such case it shall be
exempt from the provisions of article 4 of the Act.".
€0.09