COMPANY SERVICE PROVIDERS (EXEMPTION) REGULATIONS

COMPANY SERVICE PROVIDERS (EXEMPTION)

SUBSIDIARY LEGISLATION 529.02

COMPANY SERVICE PROVIDERS (EXEMPTION)

REGULATIONS

16 th March, 2021

LEGAL NOTICE 105 of 2021, as amended by Legal Notice 90 of

2025.

The title of these regulations is the Company Service

Providers (Exemption) Regulations.

(1)

In these regulations, unless the context otherwise

requires

"Act" means the Company Services Providers Act;

"Authority" means the Malta Financial Services Authority

established in terms of the Malta Financial Services Authority Act;

"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;

"recognised jurisdiction" means an EEA State or an EU Member

State or any other jurisdiction which, in the opinion of the Authority,

has an equal or comparable level of financial services regulation to

that in Malta.

(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 assigned to them in the Act.

(1)

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

(a)

a person authorised to act as a trustee or to

provide other fiduciary duties in terms of the Trusts and

Trustees Act;

(b)

Deleted by Legal Notice 90 of 2025.

(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 SERVICE PROVIDERS (EXEMPTION)

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

(d)

a natural person who only offers the services of

acting as director or secretary of a company whose financial

instruments have been admitted to listing on a regulated market

in Malta in terms of the Financial Markets Act

Provided that this exemption shall also apply to a

natural person offering only such services to a company,

partnership or other legal entity whose financial instruments

have been admitted to listing on a regulated market by an

overseas regulatory authority in a recognised jurisdiction.

(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.

The Authority may, at its discretion and at any time,

request any of the persons referred to in regulation 3(1) to furnish any

information and documentation relating to the provision of company

services by such person, as it may deem necessary, and such person

shall collaborate with the Authority and shall promptly collate and

transmit without any undue delay such information and documentation

as the Authority may request.