S.L. 16.6 чл. 2Interpretation. Cap. 386. Cap. 371. Cap. 370. Cap. 370. Cap. 370. Cap. 376. Cap. 403. Cap. 345.

For the purposes of these regulations, unless the context otherwise requires: "company" includes any commercial partnership registered under the Companies Act and any equivalent partnership or similar entity established under foreign law;

"financial transactions" means -

(a) contracts for differences, derivative contracts including options, forwards, swaps, foreign currency exchange contracts and similar agreements;

(b) securities lending transactions, sale and buy back agreements, repurchase and reverse repurchase agreements and similar agreements;

(c) obligations linked to the performance of any asset, a basket of assets, a currency, an index, a right or an obligation, any price, value, formula or other market recognised value reference;

(d) prime brokerage agreements and other agreements entered into by collective investment schemes, in relation to the administration, management or custody of the assets of collective investments;

(e) loans, overdrafts and other financial agreements or facilities which are entered into for the purpose of, or in connection with, any of the transactions specified in paragraphs (a) to (d) of this definition;

(f) guarantee, suretyship, indemnity, insurance and other similar undertakings which are entered into for the purpose of, or in connection with, any of the transactions specified in paragraphs (a) to (d) of this definition; and

(g) pledges, hypothecs, mortgages and other charges and any other collateral agreements, whether by way of title transfer or otherwise, which are entered into for the purpose of, or in connection with, any of the transactions specified in paragraphs (a) to (d) of this definition; "designated entity" means -

(a) the Central Bank of Malta, the European Central Bank, the Bank for International Settlement, a multilateral development bank, the International Monetary Fund and the European Investment Bank;

(b) a bank or credit institution licensed under the Banking

Act, or otherwise licensed or authorised by a foreign authority in a recognised jurisdiction or a credit institution within the meaning of Article 4 of Directive 2006/48/EC;

(c) an investment services licence holder under the Investment Services Act, or otherwise licensed or authorised by a foreign authority in a recognised jurisdiction or an investment firm within the meaning of Article 4 of Council Directive 2004/39/EC including a management company within the meaning of Article 1a (2) of Directive 85/611/EEC as amended by Directive 2001/107/EC;

(d) an undertaking for collective investments in transferable securities (UCITS) as defined in Article 1(2) of Council Directive 85/611/EEC of the 20th December, 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investments in transferable securities (UCITS) whether licensed in terms of the Investment Services Act or authorised in a Member

State or EEA State;

(e) any other collective investment scheme which is licensed, recognised or otherwise exempt in terms of the Investment Services Act or otherwise licensed or authorised by a foreign authority in a recognised jurisdiction;

(f) a financial institution licensed in terms of the Financial Institutions Act or a financial institution within the meaning of Article 4 of Directive 2006/48/ EC;

(g) a company authorised under the Insurance Business

Act or an insurance undertaking as defined in Article 1

(a) of Council Directive 92/49/EEC of the 18th June, 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and a life assurance undertaking as defined in Article 1 of Directive 2002/ 83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance or a reinsurance undertaking or captive reinsurance undertaking as defined in Article 2 of Directive 2005/ 68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance and amending Council Directives 73/239/EEC, 92/49/EEC as well as Directives 98/78/EC and 2002/83/EC;

(h) a listed company within the meaning of the Financial

Markets Act or an issuer of a financial instrument listed on a regulated market within the meaning of Directive 2004/39/EC;

(i) a central counterparty, settlement agent or clearing house; or

(j) a person, other than a natural person, who acts in a trust or representative capacity on behalf of any entity as defined in paragraphs (a) to (i) of this definition or on behalf of any bondholders or holders of other forms of securitised debt;

"Member State" means a Member State of the European Community;

"EEA State" means any State which is a contracting party to the agreement on the European Economic Area signed at Oporto on the 2nd May, 1992 as adjusted by the Protocol signed at Brussels on 17th March, 1993 and as amended by any subsequent acts; "OECD country" means any country that is a member of the Organisation for Economic Co-operation and Development established in 1961;

"recognised jurisdiction" means a Member State or an EEA State or any OECD country.