Investment Services Act (Control of Assets)

Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 21,685, 10 ta’ Lulju, 2026 B 2139

L.N. 188 of 2026

INVESTMENT SERVICES ACT

(CAP. 370)

Investment Services Act (Control of Assets)

(Amendment) Regulations, 2026

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:-

The title of these regulations is the Investment Services Act Citation.

(Control of Assets) (Amendment) Regulations, 2026 and these

regulations shall be read and construed as one with the Investment S.L. 370.05.

Services Act (Control of Assets) Regulations, hereinafter referred to as

the "principal regulations".

Sub-regulation (2) of regulation 1 of the principal Amends

regulations shall be substituted by the following new sub-regulation: regulation

the principal

regulations.

(2) These regulations shall not apply to

depositaries of collective investment schemes, which

shall be regulated by the Investment Services Act

(Depositaries of Collective Investment Schemes)

Regulations.".

Sub-regulation (2) of regulation 2 of the principal Amends

regulation 2 of

regulations shall be amended as follows

the principal

regulations.

(a)

the definition "custodian" shall be deleted;

(b) immediately after the definition "customer" there

shall be added the following new definition

" "depositary" means a depositary which is qualified

in accordance with regulation 16;";

(c)

the proviso thereof shall be substituted by the

following new proviso

Provided that a depositary as defined under the

Investment Services Act (Depositaries of Collective

Investment Schemes) Regulations that is also licensed to

carry out other investment services shall also be a subject

person under these regulations in relation to such

investment services other than custody for collective

investment schemes and in which case, the Investment

Services Act (Depositaries of Collective Investment

Schemes) Regulations shall apply.".

€0.09