of certain Eligible Entities related to the business of Insurance)
Table of Provisions (7)
Statutory Text (7 Articles)
Suppliment tal-Gazzetta tal-Gvern ta’ Malta, Nru. 21,564, 26 ta’ Diċembru, 2025
L.N. 299 of 2025
ACCOUNTANCY PROFESSION ACT
(CAP. 281)
Accountancy Profession (General Accounting Principles in respect
of certain Eligible Entities related to the business of Insurance)
(Amendment), Regulations, 2025
IN EXERCISE of the powers conferred by article 8(1)(a) of the
Accountancy Profession Act, the Minister responsible for Finance, on
the recommendation of the Accountancy Board has made the
following regulations
(1) The title of these regulations is the Accountancy Citation and
Profession (General Accounting Principles in respect of certain commencement.
Eligible Entities related to the business of Insurance) (Amendment)
Regulations, 2025 and these regulations shall be read and construed as
one with the Accountancy Profession (General Accounting Principles S.L. 281.07.
in respect of certain Eligible Entities related to the business of
Insurance) Regulations, hereinafter referred to as the "principal
regulations".
(2) These regulations shall apply to financial reporting periods
commencing on or after 1st January 2025.
In regulation 2 of the principal regulations the words Amends
regulation 2 of
"regulation 6" shall be substituted by the words "regulation 5".
the principal
regulations.
Regulation 3(1) of the principal regulations shall be Amends
regulation 3 of
amended as follows
the principal
regulations.
(a) the definition of "eligible entity/ie" or "eligible
entities" shall be substituted by the following new definition
" "eligible entity or eligible entities" means the
entities referred to in paragraphs (a) to (l) of sub-regulation
1 of regulation 5;";
(b)
in paragraph (a) of the proviso to the definition of
"insurance and, or reinsurance parent undertaking" the words
"regulation 6" shall be substituted by the words "regulation 5";
(c) immediately after the definition insurance
undertakings" there shall be added the following new definitions
" "licensed special purpose vehicle" means an
undertaking authorised to securitise a transaction within the
scope of section 25 of the Schedule;
"MiFID II Directive" means Directive 2014/65/EU of
the European Parliament and of the Council of 15 May
2014 on markets in financial instruments and amending
Directive 2002/92/EC and Directive 2011/61/EU (recast),
as amended from time to time and includes any
implementing measures that have been or may be issued
thereunder;";
(d) immediately after the definition "regulated market"
there shall be added the following new definitions
" "reinsurance special purpose vehicle" means a
reinsurance special purpose vehicle as defined under
the Reinsurance Special Purpose Vehicles Regulations,
whether established under the said Regulation or
constituted as a securitisation cell company carrying on
business as reinsurance special purpose vehicles under
the Securitisation Cell Companies Regulations";
"risk transferee vehicle" means a reinsurance
special purpose vehicle or a securitisation vehicle or a
licensed special purpose vehicle;
"risk transferee vehicle parent undertaking" means
a parent undertaking of a risk transferee vehicle";
(e) immediately after the definition "the Schedule" there
shall be added the following new definition
" "securitisation vehicle" means a securitisation
vehicle established under the Securitisation Act or as a
securitisation cell company under the Securitisation
Cell Companies Regulations, which is not a reinsurance
special purpose vehicle and which satisfies all of the
following conditions
(a) it enters into a transaction within the
scope of Section 25 of the Schedule;
(b) it is fully funded by always having
assets the value of which is equal to or exceeds
the aggregate maximum risk exposure and being
able to pay the amounts it is liable for as they fall
due; and
(c) the providers of any debt or financing
are professional clients as defined in Annex II of
the MiFID II Directive
Provided that in the case of a securitisation
cell company, every cell of the said cell company and
the core, to the extent that such cells and, or the core
have entered into a transaction within the scope of
Section 25 of the Schedule, shall satisfy the conditions
above for the securitisation cell company to be an
eligible entity.".
In regulation 4 of the principal regulations the words Amends
regulation 4 of
"regulation 6" shall be substituted by the words "regulation 5".
the principal
regulations.
Sub-regulation (1) of regulation 5 of the principal Amends
regulation 5 of
regulations shall be amended as follows
the principal
regulations.
(a) in paragraph (h) thereof immediately after the words
"a cessation undertaking;" there shall be added the word "or";
(b) in paragraph (j) thereof the words "insurance and, or
reinsurance parent undertaking:" shall be substituted by the
words "risk transferee vehicle; or";
(c) immediately after paragraph (j) thereof,
as
substituted, the following new paragraphs shall be added
"(k) insurance
and,
or
reinsurance
parent
undertaking; or
(l)
risk transferee vehicle parent undertaking.".
(d) In the proviso of sub-regulation (1) thereof the words
"regulation 6" shall be substituted by the words "regulation 5".
In item 4.3 of the Schedule to the principal regulations the
words "regulation 6" shall be substituted by the words "regulation 5".
€0.18