S.L. 514.2 чл. 4Exemption from licence - Custodian.

Any person who is appointed by a Maltese IORP, a personal retirement scheme or a retirement fund as a custodian in terms of the Act, and is:

(a) established and duly authorised in a Member State or EEA State to carry out custodian services in accordance with Directive 2013/36/EU or Directive 2014/65/EU, or accepted as depositary for the purposes of Directive 2009/65/EC or Directive 2011/61/EU, as amended from time to time, and carries on such services in relation to a retirement scheme or retirement fund, pursuant to the respective EU Directives, as applicable;

(b) in the case of a person established in a non-Member State or non-EEA State, which the competent authority considers to be subject to an equivalent level of regulatory supervision in the jurisdiction where its operations take place, having the business organisation, systems, experience and expertise deemed necessary by the competent authority for it to undertake custody services and which satisfies any additional criteria which may be required by the competent authority or which may be set out in Pension Rules issued by the competent authority from time to time, shall be exempt from the provisions of article 6 of the Act.