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S.L. 370.15 · Investment Services Act (S.L. 370.15)

S.L. 370.15 Art. 2Interpretation.

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(1) In these regulations, unless the context otherwise requires:

"the Act" means the Investment Services Act;

"CRD" means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions, amending Directive 2002/87/EC and repealing Directives 2006/48/ EC and 2006/49/EC, as amended from time to time, and includes any implementing measures that have been or may be issued thereunder; "credit institution" means a person licensed in terms of the Banking Act, whose head office is in Malta or an undertaking whose business is to receive deposits or other repayable funds from the public and to grant credits for its own account, authorised by a European Regulatory Authority in terms of the CRD or authorised by a European regulatory authority in an EEA Member State;

"CRR" means Regulation (EU) No. 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation Mi FIDU) No. 648/2012, as amended from time to time, and includes any implementing measures that have been or may be issued thereunder; "DORA Regulation" means Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector, and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/ 2014, (EU) No 909/2014 and (EU) 2016/1011, as may be amended from time to time, and includes any binding legal instruments, guidelines and other measures that have been or may be issued thereunder; "EBA" means the European Banking Authority established by Regulation (EU) No. 1093/2010 of the European Parliament and of the Council of the 24 November 2010; "EIOPA" means the European Insurance and Occupational Pensions Authority as established by Regulation (EU) No. 1093/ 2010 of the European Parliament and of the Council of 24 November, 2010 establishing a European Supervisory Authority;

"ESCB central banks" shall have the same meaning as that assigned to it in point 45 of Article 4(1) of the CRR;

"ESFS" means European System of Financial Supervision; "ESRB" means the European Systemic Risk Board established by regulation EU No. 1092/2010; "European investment firm" means a firm as defined in article 4(1)(2) of the CRR, authorised by its European regulatory authority within the meaning of Article 5 of the MiFID Directive, or authorised by a European regulatory authority in an EEA State; "home member state" means

(a) in the case of an investment firm, within the meaning of these regulations, Malta;

(b) in the case of a "European investment firm", within the meaning of these regulations, the Member State where such European investment Firm is authorised by its European regulatory authority;

"host member state" means a Member State or an EEA State where an investment firm has established a branch or provides services on a cross border basis in terms of the European Passport

Rights for Investment Firms Regulations; "investment firm" means a person who holds an investment services licence issued by the competent authority under the Act, and which is subject to the requirements of the CRD;

"third country" means a country which is not a Member State or an EEA State.

(2) Words and expressions used in these regulations which are also used in the Act shall have the same meaning assigned to them as in the Act.

Wijzigingsgeschiedenis
  • Amended by L.N. 252 of 2024