Company Service Providers (Exemption)
Statutory Text (5 Articles)
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,439, 16 ta’ Mejju, 2025 B 939
L.N. 90 of 2025
COMPANY SERVICE PROVIDERS ACT
(CAP. 529)
Company Service Providers (Exemption)
(Amendment) Regulations, 2025
IN EXERCISE of the powers conferred by article 14 of the
Company Services Providers Act, the Minister responsible for the
regulation of financial services, on the advice of the Malta Financial
Services Authority, has made the following regulations:-
The title of these regulations is the Company Service Citation.
Providers (Exemption) (Amendment) Regulations, 2025 and these
regulations shall be read and construed as one with the Company S.L. 529.02.
Service Providers (Exemption) Regulations, hereinafter referred to as
the "principal regulations".
In regulation 2 of the principal regulations immediately Amends
after the definition "Authority" there shall be added the following new regulation
the principal
definition
regulations.
" "holding company" means any body corporate which
directly holds twenty-five per cent (25%) or more of the shares
in a body corporate which is licensed, registered or otherwise
authorised by the Authority, or which is authorised by an
overseas regulatory authority in a recognised jurisdiction;".
Regulation 3 of the principal regulations shall be amended Amends
regulation 3 of
as follows
the principal
regulations.
(a) the marginal note thereof shall be substituted by the
following new marginal note
"Exemption from articles 3, 3A and 3B of the Act.";
(b)
sub-regulation (1) thereof shall be amended as
follows
(i) the words "The following persons are hereby
being exempted for the purposes of the requirement of
authorisation for company service providers in terms of
article 3 of the Act and shall accordingly be exempted from
complying with the provisions of the Act:" shall be
substituted by the words "Without prejudice to sub-
regulation (2), the following persons shall be exempt from
the provisions of articles 3, 3A and 3B of the Act, as
applicable:";
(ii)
paragraph (b) thereof shall be deleted; and
(iii) paragraph (c) thereof shall be substituted by the
following new paragraph
"(c) a natural person who acts, or holds himself out
as acting, as a director, a company secretary, a partner
and, or a similar position solely in relation to a company,
a partnership and, or a legal entity which is licensed,
registered or otherwise authorised by the Authority and
the holding company of such company or legal entity
Provided that this exemption shall also apply
to a natural person who acts, or holds himself out as
acting, as a director, a company secretary, a partner and,
or a similar position solely in relation to a company, a
partnership and, or a legal entity which is authorised by
an overseas regulatory authority in a recognized
jurisdiction and the holding company of such company or
legal entity; and"; and
(c) sub-regulation (2) thereof shall be substituted by the
following new sub-regulation
"(2) Any such person as referred to in paragraph (a)
of sub-regulation (1) shall, prior to providing any company
services, notify the Authority in writing by means of the
prescribed form that they shall be providing such services
and that they are exempt from the provisions of articles 3,
3A and 3B of the Act, as applicable, in accordance with
these regulations.".
In regulation 4 of the principal regulations the words
"related to such person’s operations and activities as a company
service provider" shall be substituted by the words "relating to the
provision of company services by such person".
€0.09