S.L. 370.19 · Investment Services Act (S.L. 370.19)
S.L. 370.19 Art. 19Information to be submitted to the competent authority by feeder UCITS.
(1) Where the feeder UCITS is a Maltese UCITS it shall, not later than one month after the date on which such feeder UCITS
received the information of the planned merger or division referred to in regulation 18(1), submit to the competent authority the following:
(a) where the feeder UCITS intends to continue to be a feeder UCITS of the same Master UCITS:
(i) its application for approval thereof;
(ii) its application for approval of the proposed amendments to its fund rules or instrument of incorporation, where applicable; and
(iii) the amendments to its prospectus and its key investor information, where applicable;
(b) where the feeder UCITS intends to become a feeder UCITS of another master UCITS resulting from the proposed merger or division of the master UCITS or where the feeder UCITS intends to invest at least 85 per cent of its assets in units of another master UCITS not resulting from the merger or division:
(i) its application for approval of that investment;
(ii) its application for approval of the proposed amendments to its fund rules or instruments of incorporation;
(iii) the amendments to its prospectus and its key investors information; and
(iv) any other document as required in terms of Investment Services Rules;
(c) where the feeder UCITS intends to convert into a UCITS that is not a feeder UCITS:
(i) its application for approval of the proposed amendments to its fund rules or instrument of incorporation;
(ii) the amendments to its prospectus and its key investor information; and
(d) where the feeder UCITS intends to be liquidated, a notification of that intention.
(2) Notwithstanding the requirements of this regulation, in cases where the master UCITS provided the information referred to, or comparable with, the information in regulation 11 to a feeder UCITS which is a Maltese UCITS more than four months prior to the proposed effective date of merger, such feeder UCITS shall submit to the competent authority its application or notification in accordance with sub-regulation (1) not later than three months prior to the proposed effective date of the merger or division of the master UCITS.
(3) The feeder UCITS shall inform its unit-holders and the master UCITS of its intention to be liquidated without undue delay.
(4) For the purposes of this regulation, the expression "continues to be a feeder UCITS of the same master UCITS" shall refer to cases where:
(a) the master UCITS is the receiving UCITS in a proposed merger;
(b) the master UCITS is to continue materially unchanged as one of the resulting UCITS in a proposed division.
(5) For the purposes of this regulation, the expression "becomes a feeder UCITS of another master UCITS resulting from the merger or division of the master UCITS" refers to cases where:
(a) the master UCITS is the merging UCITS and, due to the merger, the feeder UCITS becomes a unit-holder of the receiving UCITS;
(b) the feeder UCITS becomes a unit-holder of a UCITS resulting from a division that is materially different to the master UCITS.