Cap. 620 Art. 11Notification of foreign direct investment.

(1) In the following circumstances, foreign investors and all persons involved in a foreign direct investment shall be obliged, prior to carrying out the investment or effecting any changes mentioned in paragraphs (b), (c) or (d), to notify the Office with the investment and provide information regarding the entity carrying out the investment and any information which may be necessary for the proper observance of this provision or which may be requested by the Office:

(a) where an investment that affects any of the factors or activities mentioned in the Schedule is planned to be carried out in the future;

(b) where, having carried out an investment in Malta, plan to change the business activity of the foreign investor to one which affects any of the factors or activities mentioned in the Schedule;

(c) where, having carried out an investment in Malta which affects any of the factors or activities mentioned in the Schedule, the ownership structure of the investor changes such that at least ten percent (10%) is owned by foreign investors; or

(d) where, having carried out an investment, the direct or indirect controlling interest of the company or the group company changes and passes onto a foreign investor.

(2) The information referred to in sub-article (1) shall include:

(a) the ownership structure of the foreign investor and of the undertaking in which the foreign direct investment is planned to be made or has been made, including information on the ultimate investor and, or beneficial owner and participation in the capital;

(b) the approximate value of the foreign direct investment;

(c) the products, services and business operations of the foreign investor and of the undertaking in which the foreign direct investment is planned or has been completed;

(d) the jurisdictions, including Member States, in which the foreign investor and the undertaking in which the foreign direct investment is planned or has been completed conduct relevant business operations;

(e) the funding of the investment and its source;

(f) the date when the foreign direct investment is planned to be completed or has been completed; and

(g) any other information as the Office may reasonably require for the proper execution of its functions in accordance with this Act.

(3) Any undertaking, organization, foundation or other entity wherein at least ten percent (10%) of its share is owned by a foreign investor and, or where the beneficial owner of the foreign investor is a third country national or an undertaking of a third country and, or