Investment Services Act (Alternative Investment Fund Manager)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,409, 18 ta’ Marzu, 2025

L.N. 60 of 2025

INVESTMENT SERVICES ACT

(CAP. 370)

Investment Services Act (Alternative Investment Fund Manager)

(Passport) (Amendment) Regulations, 2025

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 (Alternative Investment Fund Manager) (Passport) scope.

(Amendment) Regulations, 2025 and these regulations shall be read

and construed as one with Investment Services Act (Alternative S.L. 370.22.

Investment Fund Manager) (Passport) Regulations, hereinafter

referred to as the "principal regulations".

(2) The scope of these regulations is to further transpose article

33(2)(a) of Directive 2011/61/EU of the European Parliament and of

the Council of 8 June 2011 on Alternative Investment Fund Managers

and amending Directives 2003/41/EC and 2009/65/EC and

Regulations (EC) No 1060/2009 and (EU) No 1095/2010, and these

regulations shall be interpreted and applied accordingly.

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

as follows

the principal

regulations.

(a) paragraph (a) of sub-regulation 1 thereof shall be

substituted by the following new paragraph

"(a) manage a European AIF directly, provided the

Maltese AIFM is authorised to manage that type of AIF;

and, or";

(b) paragraph (a) of sub-regulation 2 thereof shall be

substituted by the following new paragraph

"(a) the Member State or EEA State in which it

intends to provide the activities and services referred to in

sub-regulation (1); and".

Regulation 4 of the principal regulations shall be amended

as follows

(a) in paragraph (a) of sub-regulation 1 thereof the word

"and" shall be substituted by the words "and, or";

(b) paragraph (a) of sub-regulation 2 thereof shall be

substituted by the following new paragraph

"(a) the Member State or EEA State in which it

intends to provide the activities and services referred to in

sub-regulation (1); and".

Regulation 6 of the principal regulations shall be amended

as follows

(a) in paragraph (a) of sub-regulation 1 thereof the word

"and" shall be substituted by the words "and, or";

(b) in paragraph (a) of sub-regulation 2 thereof the words

"in Malta;" shall be substituted by the words "in Malta; and".

Regulation 7 of the principal regulations shall be amended

as follows

(a) in paragraph (a) of sub-regulation 1 thereof the word

"and" shall be substituted by the words "and, or";

(b) in paragraph (d) of sub-regulation 2 thereof the words

"may be obtained;" shall be substituted by the words "may be

obtained; and".

€0.09