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S.L. 330.11 · Malta Financial Services Authority Act (S.L. 330.11)

S.L. 330.11 ст. 4Applicabilityofthe EU Regulation to the competent authority.

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(1) The competent authority shall exercise all the functions, obligations and powers and shall satisfy all the requirements imposed on competent authorities by the SFTR.

(2) Without prejudice to the provisions of sub-regulation (1), the competent authority may, for the better implementation of the SFTR, exercise any of the powers assigned to it under the Act in relation to:

(a) a counterparty to an SFT that is established:

(i) in Malta, including all its branches irrespective of where they are located;

(ii) in a third country, if the SFT is concluded in the course of the operations of a branch in Malta of that counterparty;

(b) management companies of undertakings for UCITS and UCITS investment companies in accordance with Directive 2009/65/EC;

(c) AIFMs authorized in accordance with Directive 2011/ 61/EU;

(d) a counterparty engaged in reuse that is established:

(i) in Malta, including all its branches irrespective of where they are located;

(ii) in a third country, where either, the reuse is effected in the course of operations of a branch in Malta of that counterparty, or the reuse concerns financial instruments provided under a collateral arrangement by a counterparty established in Malta or a branch in Malta of a counterparty established in a third country.