Activities by Third-Country Firms) (Amendment) Regulations,

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,032, 4 ta’ April, 2023 B 713

L.N. 72 of 2023

INVESTMENT SERVICES ACT

(CAP. 370)

Investment Services Act (Provision of Investment Services and

Activities by Third-Country Firms) (Amendment) Regulations,

IN EXERCISE of the powers conferred by article 12 of the

Investment Services Act, the Minister responsible for the regulation of

Financial Services, acting on the advice of the Malta Financial

Services Authority, has made the following regulations

(1) The title of these regulations is the Investment Citation and

Services Act (Provision of Investment Services and Activities by scope.

Third-Country Firms) (Amendment) Regulations, 2023, and these

regulations shall be read and construed as one with the Investment S.L. 370.43.

Services Act (Provision of Investment Services And Activities by

Third-Country Firms) Regulations, hereinafter referred to as the

"principal regulations".

(2) The purpose of these regulations is to transpose paragraph

3 of Article 41(2) and Article 41(4) of MiFID as amended by Article

63 of Directive (EU) 2019/2034 of the European Parliament and of the

Council of 27 November 2019 on the prudential supervision of

investment firms and amending Directives 2002/87/EC, 2009/65/EC,

2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU, and they

shall be interpreted and applied accordingly.

Immediately after sub-regulation (2) of regulation 7 of the Amends

principal regulations, there shall be added the following new sub- regulation

the principal

regulation (3)

regulations.

"(3) The competent authority shall notify ESMA on an

annual basis of the list of branches of third‐country firms active

in Malta.".

Immediately after regulation 7A of the principal Amends

regulation 7A

regulations there shall be added the following new proviso

of the

principal

"Provided that upon request, the competent regulations.

authority shall communicate the following information

to ESMA

B

(a) all the authorisations for branches

authorised in accordance with regulation 5(1) and

any subsequent changes to such authorisations;

(b) the scale and scope of the services and

activities carried out by an authorised branch in

Malta;

(c) the turnover and the total assets

corresponding to the services and activities

referred to in point (b);

(d) the name of the third-country group to

which an authorised branch belongs.".

€0.09