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S.L. 370.19 · Investment Services Act (S.L. 370.19)

S.L. 370.19 ст. 3Merger techniques.

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(1) A domestic merger or a cross-border merger where a

Maltese UCITS is the merging UCITS may be effected in the following manner:

(a) one or more UCITS or subfunds thereof, the "merging UCITS", on being dissolved without going into liquidation, transfer all of their assets and liabilities to another existing UCITS, or subfunds thereof, the "receiving UCITS", in exchange for the issue to their unit-holders of units of the receiving UCITS and, if applicable, a cash payment not exceeding ten per centum of the net aset value of those units; or

(b) two or more UCITS or subfunds thereof, the "merging UCITS", on being dissolved without going into liquidation, transfer all of their assets and liabilities to a UCITS which they form or a subfund thereof, the "receiving UCITS", in exchange for the issue to their unit-holders of units in the receiving UCITS and, if applicable, a cash payment not exceeding ten per cent of the net asset value of those units.

(2) The competent authority shall recognise a transfer of assets resulting from a cross-border merger in accordance with Article 37(c) of the UCITS Directive.