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Investment Legislation in Malta

Investment Legislation in Malta

Updated on Monday 11th July 2016

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Investment-legislaiton-in-MaltaThe financial industry has come to the attention of foreign enterprisers thinking about Malta as their investment destination not such long ago. This is because Malta was renowned for other more prolific industries. However, the small country has set in place a business-friendly legislation related to investment funds. Apart from the laws governing investment funds, foreign entrepreneurs can also choose the vehicle that fits best to their needs.

Our Maltese lawyers can help foreign investors set up any type of fund in this country.

Main laws governing investment funds in Malta

The Maltese legislation on investments is quite extensive due to the multitude of funds one can establish here. The most important law governing investments in Malta are:

  • -          the Company Act which provides for the types of vehicles one can use in order to set up an investment fund;
  • -          the Investment Services Act which regulates the licensing on investment funds;
  • -          the Malta Financial Services Authority’s (MFSA) regulations on different investment funds.

The MFSA’s rules related to investment funds cover:

  • -          retail UCITS collective investment schemes registered in Malta;
  • -          retail non-UCITS collective investment schemes registered in Malta;
  • -          retail Alternative Investment Funds (AIFs).

Considering Malta is also an EU member state, all EU Directive applicable to investment funds have been integrated in the local legislation.

Investment services legislation in Malta

The Investment Services Act is the main law covering all funds in Malta as it provides for the requirements and conditions for both qualified and unqualified investors setting up funds. There are four types of investment services licenses one can apply for:

  • -          the first category license is issued to those wanting to receive and transmit orders and to offer investment advice, but who won’t hold or control the clients’ assets;
  • -          the second category license is issued to those who want to offer investment advice, hold the clients’ assets, but are not allowed to operate trading facilities;
  • -          the third category license is issued to those giving investment advice and holding the clients’ assets;
  • -          the fourth category license is granted to those acting as trustees or custodians.

If you want to set up an investment fund and need more information on the applicable legislation, please contact our law firm in Malta.

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