MANOEL ISLAND/TIGNE POINT DEVELOPMENT (DESIGNATED SPECIAL AREA) ORDER

SUBSIDIARY LEGISLATION 246.07

MANOEL ISLAND/TIGNE POINT DEVELOPMENT

(DESIGNATED SPECIAL AREA) ORDER

24th March, 2000

LEGAL NOTICE 50 of 2000, as amended by Legal Notice 411 of 2007.

The title of this Order is Manoel Island/Tigne Point

Development (Designated Special Area) Order.

(Article 5)

A

APPLICATION TO THE MINISTER RESPONSIBLE FOR FINANCE BY A BODY

OF PERSONS TO ACQUIRE IMMOVABLE PROPERTY IN MALTA IN TERMS

OF THE IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS))

ACT (CAP. 246)

Immovable Property (Designation of Special Areas) Regulations

Manoel Island/Tigne Point Development (Designated Special Area) Order

PART I

Particulars of applicant falling under section 2(b) of the Immovable Property

(Acquisition by Non-Residents) Act, Cap 246 (hereinafter referred to as the Act).

1. Name of body, association, authority etc. or other entity which is making the

application: ..................................................................................................

2. Whether corporate or not: .............................................................................

3. Where or under the laws of which country is it constituted, formed,

established, incorporated or registered: .........................................................

4. Whether it has its principal place of residence or of business outside Malta

5. (a)

A list of all shareholders showing the number of shares held by each,

the citizenship of each shareholder and the place of residence; and

(b)

Where the shareholder is a body, association, authority etc., all the

particulars relating to is as at (a) above: ...............................................

(A separate list may be attached to the application duly signed and dated by

applicant, and a note to this effect made in the above space).

6. Whether it is in any manner directly or indirectly controlled by one or more

non-resident persons as defined by the Act: ...................................................

(Full particulars are to be given as necessary)

Particulars of immovable property to be acquired by non-residents.

1. Detailed description of immovable property including the type of property,

the locality and other particulars necessary to identify it and the area of the

property in square metres: .............................................................................

2.

3. If for development, details of cost of works and estimated period for

completion of same: .....................................................................................

4. Under what title is the immovable property to be acquired

(Applicant is to submit a copy, if any, of documents in connection with the

acquisition of the property).

5. Purpose for which the immovable property is to be acquired

6. Source of funds for acquisition of immovable property

7. Any other particulars

Particulars of person from whom immovable property is being acquired.

1. Name: ..........................................................................................................

2. Address: .......................................................................................................

Details of any immovable property in Malta already held or owned by

applicant under any title whatsoever

I hereby declare that the above particulars are true and correct and that the

immovable property is intended to be used for the purpose above mentioned.

Date

Signature of Applicant

NOTE: Applicant is warned that any information given in the Application material

to the granting of permission by the Minister which is incorrect or misleading would

amongst other things as contemplated in the,Act render any pertinent deed, will or

act null and void.

PART II

For official use only.

B

APPLICATION TO THE MINISTER RESPONSIBLE FOR FINANCE BY AN

INDIVIDUAL TO ACQUIRE IMMOVABLE PROPERTY IN MALTA IN TERMS

OF THE IMMOVABLE PROPERTY(ACQUISITON BY NON-RESIDENTS ACT

(CAP. 246)

Immovable Property Designation of Special Areas) Regulations

Manoel Island/Tigne Point Development (Designated Special Area) Order

PART I

Particulars of applicant

1. Name and surname: ......................................................................................

2. Place and Date of Birth: ................................................................................

3. Parents’ names: ............................................................................................

4. Profession or trade: .......................................................................................

5. Citizenship: ..................................................................................................

6. Place of residence: ........................................................................................

7. Ordinary place of residence if different from above: ......................................

MANOEL ISLAND/TIGNE POINT DEVELOPMENT

(DESIGNATED SPECIAL AREA)

Particulars of immovable property to be acquired by non-resident

1. Detailed description of immovable property (i) type of property, the locality,

boundaries (where necessary) and other particulars needed to identify it and

(ii) size of the property giving overall area of land in square metres, details

of buildings, and all other appurtenances, (iii) whether or not property is of

historical importance or situated in a historical area

2.

3. If for development, details of cost of works and estimated period for

completion of same: .....................................................................................

4. Under what title is the immovable property is to be acquired

(Applicant is to submit a copy, if any, of any documents in connection with

the acquisition of the property).

5. Purpose for which the immovable property is to be acquired

6. Source of funds for acquisition of immovable property

7. Any other particulars: ...................................................................................

Particulars of person or body of persons from whom immovable property is

being acquired

1. Name ............................................................................................................

2. Address: .......................................................................................................

3. Citizenship or in case of body of persons, whether "resident" in terms of the

Act ...............................................................................................................

Particulars of immovable property already owned or held

1. Details of any immovable property in Malta already owned or held under any

title whatsoever by applicant

2. Details of any immovable property in Malta already owned or held under any

title whatsoever by applicant’s family

3. Details of any immovable property in Malta disposed of by applicant or any

member of his family during the last ten years

MANOEL ISLAND/TIGNE POINT DEVELOPMENT

(DESIGNATED SPECIAL AREA)

I hereby declare that the particulars are true and correct.

Date

Signature of Applicant/Attorney

NOTE: Applicant is warned that any information given in the Application material

to the granting of permission by the Minister which is incorrect or misleading would

amongst other things as contemplated in the Act render any pertinent deed, will or

act null and void.

PART II

For official use only.

Manoel Island/Tigne Point in the limits of Gzira and

Sliema in the island of Malta, as per plans Property Drawing

number fifty four stroke two thosand (PD 54/2000) and Property

Drawing fifty five stroke two thousand (PD 55/2000) in respect of

lands at Manoel Island/Tigne Point respectively marked "X" and

"Y" respectively enrolled in the records of Notary Vincent Miceli

of the 3rd March, of the year two thousand (2000) (hereinafter

referred to as the Special Area) are hereby designated as a

Designated Special Area for the purposes of the Immovable

Property (Designation of Special Areas) Regulations.

(1) This Order shall apply to non-resident persons falling

under the definition in paragraph ( a ) of the definition of

"non-resident person" in article 2 of the Immovable Property

(Acquisition by Non-Residents) Act (hereinafter in this Order

referred to as "the Act") and to non-resident persons falling under

paragraph (b) of the said definition but only where none of the

shares or interests in such body of persons are issued or

transferable by delivery to bearer

Provided that the interest or shares in any such entity may

be held and registered in the name of a nominee, resident in Malta,

provided such nominee obtains permission under such conditions

as the Minister may deem appropriate to issue in accordance with

article 17(2) of the Exchange Control Act.

(2) Where the non-resident person is a body of persons as

defined in subarticle (1), it shall be a condition of the permit that

the shares or interests in the said body of persons shall not be

transferable to any person inter vivos without the permit in writing

by the Minister and where the shares or interests are held by a

nominee, a new permission under the Exchange Control Act shall

be obtained prior to the transfer of any share or interest in the body

of persons to new beneficial interests and such a change in

beneficial i nterests sh al l be deemed to be a transfer of the

registered shares or interests for the purpose of the Duty on

Documents and Transfers Act, and shall pay to the Minister the sum

that would be due as duty under that Act and notwithstanding

anything contained in the said Act.

(3) For the purposes of a permit as is referred to in subarticle

(2), an application shall be made on behalf of the person to whom

such transfer is intended to be made, giving such details or other

documentation relative to such person as apply in respect of the

original shareholders as prescribed under this Order. Such permit

shall only be granted upon the payment of the fee referred to in

article 7.

(1) This Order applies to the immovable property marked

on the plan referred to in article 2.

(2) Each residential unit or any other immovable property

being part of the designated property may be acquired or

transferred under any title but may not be acquired, transferred or

held under any timeshare scheme or other similar system of

multi-property.

(1) An application for the acquisition by a non-resident

person of any immovable property in the special area or for the

transfer of shares in a body of persons holding such property, shall

be made in the form as shown in the Schedule, and shall contain

such particulars and be accompanied by such documents as are

prescribed in the said form.

(2) Applications may be made in relation to more than one unit

of immovable property in the special area, but a separate fee as

prescribed in article 3(3) shall be payable in respect of each single

unit.

(1) The immovable property to which this Order applies

may, subject to the provisions of this article, be put to any use

permissible by law.

(2) The provisions of subarticle (1) shall not be considered as

exempting from the provision of any law requiring any permit for a

change in land use, for the exercise of any trade or profession, or

generally to make any particular use of the immovable property.

(3) Notwithstanding the other provisions of this article where

the immovable property is put to residential use (whether such use

is long term or temporary) it may only be used by the owner, his

friends or family, and where the owner is a body of persons by the

shareholders, directors or employees of the company, and may be

leased to third parties.

The fees payable under this order shall be €232.94 for each

unit acquired by a non-resident referred to in article 3(1).

MANOEL ISLAND/TIGNE POINT DEVELOPMENT

(DESIGNATED SPECIAL AREA)