CREATIVITY TRUST ORDER

CREATIVITY TRUST

SUBSIDIARY LEGISLATION 542.02

CREATIVITY TRUST ORDER

15th January, 2013

LEGAL NOTICE 21 of 2013, as amended by Legal Notice 178 of 2014

and 217 of 2020 and Act XV of 2015.

The title of this order is the Creativity Trust Order.

There is hereby established a trust to be known as the

Creativity Trust, hereinafter referred to as "the Trust", which trust

(a) be established for charitable purposes as defined in the

Trusts and Trustees Act; and

(b) be an entity falling under the supervision and control of

the Ministry responsible for culture in the same manner

and to the same extent as though it were established by

the said Ministry; and

(c) to which the provisions of the Trust and Trustees Act

and any regulations made thereunder, including the

Creativity Trust (Exemption) Regulations, shall apply.

The Trust shall be able to receive any settlements and

donations of any type and in any manner, whether inter vivos or causa

mortis.

The trustees of the Trust shall be the Board of Trustees

composed as set out in article 5, hereinafter referred to as "the

Trustees".

The Board of Trustees shall be composed of a Chairperson

appointed by the Prime Minister and eight (8) members from the

following

(a) the Permanent Secretary of the Ministry responsible

for finance or his delegate, ex officio;

(b) the Permanent Secretary of the Ministry responsible

for culture or his delegate, ex officio;

(c)

the Chairperson of Arts Council Malta or his delegate,

ex officio;

(d) five (5) trustees appointed by the Minister responsible for

culture representing the cultural and creative industries,

one of whom representing the interests of Gozo.

Any bank account in which any of the funds of the Trust are

deposited shall be held in the name of the Trust

Provided that

(a) all instructions in connection with the operation of such

an account shall be signed by at least two Trustees, and

(b) the Trustees may from time to time appoint any one or

more persons (who need not necessarily be Trustees) to

CREATIVITY TRUST

act as signatories in respect of the said bank account

with such powers and subject to such terms, conditions

and limitations as the Trustees shall deem appropriate.

The Trust shall be funded by

(a) a direct fund by Government; and

(b) donations made by persons, whether natural or legal.

(1) The Trustees shall have the power to create and establish

rules and procedures applicable to the Trust and the way in which it is

administered and granted. Such rules shall be regularly published in

the Gazette.

(2) The Trustees shall have the power to appoint an

administrative committee and any such committees as it may deem fit

to assist it in the purpose of administering the grant of funding

opportunities under the Trust.

The Trust shall be established to fund the cultural and creative

industries through -

(a) investment schemes;

(b) national funding schemes;

(c) capital projects; and

(d) funding structures,

where all of the above administer their funds independently of each

other and of the Trust, and are regulated by rules and procedures

separate to those applicable to the Trust and are independent of it.