S.L. 459.1 Art. 4Collateral taker and collateral provider.

(1) For the purposes of these regulations, both the collateral taker and the collateral provider shall be:

(a) a corporation or other legal person, in either case established by law;

(b) a public authority, including:

(i) public sector bodies of Member States charged with or intervening in the management of public debt; and

(ii) public sector bodies of Member States authorised to hold accounts for customers;

(c) a central bank, the European Central Bank, the Bank for International Settlements, a multilateral development bank as referred to in Annex VI, Part 1, Section 4 of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 on the taking up and pursuit of the business of credit institutions (recast), the International Monetary Fund and the European Investment Bank;

(d) a bank or credit institution licensed under the Banking Act, or otherwise licensed or authorised by a foreign authority in a recognised jurisdiction or a credit institution within the meaning of article 4(1) of Directive 2006/48/EC including the institutions listed in article 2(1) of that Directive;

(e) an investment services licence holder under the Investment Services Act, or otherwise licensed or authorised by a foreign authority in a recognised jurisdiction or an investment firm within the meaning of Article 4(1) of Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments;

(f) a financial institution licensed in terms of the Financial Institutions Act or a financial institution within the meaning of Article 4 of Directive 2006/48/ EC;

(g) an insurance company with head office in Malta authorised in terms of article 7 of the Insurance Business Act to carry on business of insurance or an insurance undertaking as defined in Article 1(a) of Council Directive 92/49/EEC of the 18 June, 1992 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life insurance, an assurance undertaking as defined in Article 1(1)(a) of Council Directive 2002/ 83/EC of 5th November, 2002 concerning life assurance;

(h) an undertaking for collective investment in transferable securities (UCITS) as defined in article 1(2) of Council Directive 85/611/EEC of the 20th December, 1985 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) whether licensed in terms of the Investment Services Act or authorised in a Member State or EEA State.

(i) a management company as defined in Article 1a(2) of Directive 85/611/EEC as amended by Directive 2001/ 107/EC;

(j) any other collective investment scheme or management company of such scheme which is licensed or recognised in terms of the Investment Services Act or otherwise licensed or authorised by a foreign authority in a recognised jurisdiction;

(k) a securitisation vehicle as defined in article 2 of the Securitisation Act;

(l) a central counterparty, settlement agent or clearing house;

(m) a non-natural person who acts in a trust or representative capacity on behalf of any one or more persons that includes any bondholders or holders of other forms of securitised debt or on behalf of any entity as defined in paragraphs (a) to (l); or

(n) a non-natural person other than the entities mentioned in paragraph (a), provided that the other party is an entity as defined in paragraphs (a) to (m).

(2) For the purposes of sub-regulation (1), "public authority" shall not include publicly guaranteed undertakings except for those falling within the meaning of subregulation (1)(b) to (i).