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S.L. 370.14 · Investment Services Act (Tied Agents) (S.L. 370.14)

S.L. 370.14 Art. 2Interpretation.

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In these regulations, unless the context otherwise requires -

"Act" means the Investment Services Act;

"ancillary services" shall have the same meaning as that assigned to it by the Investment Services Rules; "the competent authority" means the Malta Financial Services Authority appointed under article 2 of the Act; "the Directive" means Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/ 22/EEC, as amended from time to time, and includes any implementing measures that have been or may be issued thereunder; "European investment firm" means an investment firm as defined in Article 4(1) of the Directive authorised by its European regulatory authority within the meaning of Article 5 of the Directive or authorised by a European regulatory authority in an EEA State; "European right" means the entitlement of a person to establish a branch, or provide services in a Member State or EEA State other than that in which it has its head office -

(a) in accordance with the Treaty as applied in the Member States or EEA States; and

(b) subject to the requirements of the Directive and subject to any regulations made under the Act and, or Investment Services Rules issued by the competent authority in terms of article 6 of the Act, implementing such requirements as may be applicable;

"investment services licence holder" means a person who holds an investment services licence granted by the competent authority

*These regulations were repealed by Legal Notice 403 of 2017. in terms of article 6 of the Act;

"tied agent" means a natural or legal person, who under the full and unconditional responsibility of only one investment services licence holder or European investment firm and on whose behalf it acts, promotes investment and, or ancillary services to clients or prospective clients, receives and transmits instructions or orders from the client in respect of investment services or instruments, places instruments and, or provides investment advice to clients or prospective clients in respect of those instruments or services.

(2) Words and expressions which are also used in the Act shall have the same meaning as in the Act.

Wijzigingsgeschiedenis
  • Amended by L.N. 356 of 2009