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TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

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Laws of Malta — Subsidiary Legislation 331.1 — TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

SUBSIDIARY LEGISLATION 331.01

TRUSTS AND TRUSTEES ACT (FEES)

REGULATIONS

1st January, 2015 *

LEGAL NOTICE 356 of 2008, as amended by Legal Notice 372 of 2024.

Laws of Malta — Subsidiary Legislation 331.1 — TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

(1) The title of these regulations is the Trusts and Trustees

Act (Fees) Regulations.

(2) These regulations shall apply to fees falling due on or after

the 1st day of January 2015. Nothing in these regulations shall be

deemed to affect the liability in respect of any fees due prior to the

1st day of January 2015 under the Trusts and Trustees Act (Fees)

Regulations, 2008.

Laws of Malta — Subsidiary Legislation 331.1 — TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

(regulations 3 and 4)

Application Fee

Fees

Fees

Fees

Fees

falling

falling

falling

falling

due in

due in

due in

due in

(€)

(€)

(€)

(€)

Application for

authorisation in

accordance with

2,000

2,500

3,000

3,000

article 43(3) of the

Act

Application for

authorisation in

accordance with

2,000

2,500

3,000

3,000

article 43(8) of the

Act

Application for

authorisation in

accordance with

1,000

1,500

2,000

2,000

article 43(13) of the

Act

Application for

authorisation in

accordance with

2,000

2,500

3,000

3,000

article 43(15) of the

Act

Application for

registration in

1,500

2,000

2,500

2,500

accordance with

article 43B of the Act

TRUSTS AND TRUSTEES ACT (FEES)

Application for

registration in

accordance with

regulation 3(2) of the

Trusts and Trustees

Act (Registration of

Notaries to act as

Qualified Persons)

Laws of Malta — Subsidiary Legislation 331.1 — TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

(1) In these regulations, unless the context otherwise

requires

"Act" means the Trusts and Trustees Act;

"the Authority" means the Malta Financial Services Authority

established under the Malta Financial Services Authority Act;

(2) Words and expressions used in these regulations which are

also used in the Act but which are not defined herein shall have the

same meaning as in the Act.

Laws of Malta — Subsidiary Legislation 331.1 — TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

Added by

L.N. 372 of 2024.

(regulation 5)

Annual Supervisory Fee for Authorised Persons

Fees

Fees

Fees

Fees

Fees

falling

falling

falling

falling

falling

due in

due in

due in

due in

due in

2029 and

thereafter

(€)

(€)

(€)

(€)

(€)

Annual supervisory

fixed fee

Persons authorised in

accordance with

article 43(3), (8),

5,000

5,500

6,000

6,500

7,000

(13) and, or (15) of

the Act

Annual supervisory

service fee

Persons authorised in

accordance with

2,500

2,500

2,500

2,500

2,500

article 43(3) of the

Act

Persons authorised in

accordance with

2,500

2,500

2,500

2,500

2,500

article 43(8) of the

Act

Persons authorised in

accordance with

1,500

1,500

1,500

1,500

1,500

article 43(13) of the

Act

Persons authorised in

accordance with

2,000

2,000

2,000

2,000

2,000

article 43(15) of the

Act

TRUSTS AND TRUSTEES ACT (FEES)

Annual Supervisory Fee for Registered Persons

Fees

Fees

Fees

Fees

Fees

falling

falling

falling

falling

falling

due in

due in

due in

due in

due in

2029 and

thereafter

(€)

(€)

(€)

(€)

(€)

Persons registered in

accordance with

2,000

2,500

3,000

3,500

4,000

article 43B of the Act

Persons registered in

accordance with

regulation 4 of the

Trusts and Trustees

2,000 ".

1,000

1,500

2,000

2,000

Act (Registration of

Notaries to act as

Qualified Persons)

Laws of Malta — Subsidiary Legislation 331.1 — TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

(1) Any person applying to the Authority for authorisation

in accordance with article 43(3), (13) or (15) of the Act shall, upon

submission of an application to the Authority for such

authorisation, pay to the Authority an application fee as established

in the First Schedule, as applicable

Provided that where a person applies to the Authority for

authorisation under more than one (1) of the provisions referred to

in this sub-regulation, only the highest of the application fees due

by such person in accordance with the said regulation shall apply.

(2) Any person applying to the Authority for authorisation in

accordance with article 43(8) of the Act shall, upon submission of a

notification to the Authority in accordance with the said article, pay

to the Authority an application fee as established in the First

Schedule, as applicable

(3) Any person applying to the Authority for registration in

accordance with article 43B of the Act shall, upon submission of an

application to the Authority for such registration, pay to the

Authority an application fee as established in the First Schedule, as

applicable.

(4) Any person applying to the Authority for registration in

accordance with regulation 3(2) of the Trusts and Trustees Act

(Registration of Notaries to act as Qualified Persons) Regulations

shall, upon submission of an application to the Authority for such

*see regulation 1(3) of these Regulations, as originally promulgated.

registration, pay to the Authority an application fee as established in

the First Schedule, as applicable.

Laws of Malta — Subsidiary Legislation 331.1 — TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

(1) Where a person granted authorisation under any of the

provisions referred to in regulation 3(1) subsequently applies for

additional authorisation under any one (1) or more different

provisions referred to in the said regulation, such person shall,

upon the submission of an application to the Authority to modify its

authorisation accordingly, pay to the Authority the application fee

established in the said regulation, which application fee shall be

reduced by twenty-five per cent (25%).

(2) Where a person granted authorisation under more than one (1)

of the provisions referred to in regulation 3(1) intends to cease

providing the services which he is authorised to provide under any, but

not all, of the said provisions, such person shall, upon the submission

of a request to the Authority to modify his authorisation accordingly,

pay to the Authority a modification fee of one thousand euro (€1,000).

Laws of Malta — Subsidiary Legislation 331.1 — TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

(1) A person that has been granted authorisation in

accordance with article 43(3), (8), (13) and, or (15) of the Act shall,

subject to the provisions of sub-regulation (2), pay to the Authority

an annual supervisory fee which shall be the aggregate of the

following

(a)

the annual supervisory fixed fee established in

the Second Schedule, as applicable; and

(b)

the annual supervisory service fee established

in the Second Schedule, as applicable, with respect to every

such authorisation held on the date when the annual

supervisory fee is due in accordance with sub-regulation (2).

(2) The annual supervisory fee due in accordance with sub-

regulation (1) shall be paid to the Authority on the date when a

person is first granted authorisation in accordance with the relevant

provisions and annually thereafter on the date when such original

authorisation was granted.

(3) A person that has been granted registration in accordance

with article 43B of the Act shall, subject to the provisions of sub-

regulation (4), pay to the Authority an annual supervisory fee as

established in the Second Schedule, as applicable.

(4) The annual supervisory fee due in accordance with sub-

regulation (3) shall be paid to the Authority on the date when a

person is granted the registration in accordance with the relevant

provision and annually thereafter on the date when such

registration was granted.

(5) A person that has been granted registration in accordance

with regulation 4 of the Trusts and Trustees Act (Registration of

Notaries to act as Qualified Persons) Regulations shall, subject to

the provisions of sub-regulation (6), pay to the Authority an annual

supervisory fee as established in the Second Schedule, as

applicable.

(6) The annual supervisory fee due in accordance with sub-

regulation (5) shall be paid to the Authority on the date when a person

is granted the registration in accordance with the relevant provision

and annually thereafter on the date when such registration was

granted.

Laws of Malta — Subsidiary Legislation 331.1 — TRUSTS AND TRUSTEES ACT (FEES) REGULATIONS

The fees established and due in terms of these regulations

shall not be refundable and shall not be prorated.

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