S.L. 370.31 · sl/370.31 (S.L. 370.31)
S.L. 370.31 ст. 2Interpretation. Cap. 370. Cap. 330.
(1) In these regulations, unless the context otherwise requires: "the Act" shall mean the Investment Services Act;
"AIFM Directive" means Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers and amending Directives 2003/41/EC and 2009/65/EC and Regulations (EC) No. 1060/2009 and (EU) No. 1095/2010, as amended from time to time, and includes any implementing measures that have been not may be issued thereunder; "Alternative Investment Fund" or "AIF" shall mean a collective investment scheme, including sub-funds thereof, which raises capital from a number of investors, with a view to investing it in accordance with a defined investment policy for the benefit of those investors, and which does not qualify as a UCITS Scheme in terms of the UCITS Directive;
"Alternative Investment Fund Manager" or "AIFM" shall mean a legal person whose regular business is managing one or more AIFs; "the competent authority" shall mean the Malta Financial Services Authority established by the Malta Financial Services Authority Act;
"European long-term investment fund" or "ELTIF" shall mean an EU AIF authorised as a European long-term investment fund in accordance with the ELTIF Regulation; "EU AIF" shall mean:
(a) an AIF which is authorised or registered in a Member State or an EEA State under the applicable national law; or
(b) an AIF which is not authorised or registered in a Member State or an EEA State, but has its registered office and, or head office in a Member State or an EEA State; "EU AIFM" shall mean an AIFM which has its registered office in a Member State or an EEA State; "home Member State" shall mean:
(a) in relation to an ELTIF, the Member State or EEA State where the ELTIF is authorised; and
(b) in relation to the manager of an ELTIF, the Member State or EEA State in which the manager has its registered office; "manager of an ELTIF" shall mean the authorised EU AIFM approved to manage an ELTIF, or the internally managed ELTIF where the legal form of the ELTIF permits internal management and where no external AIFM has been appointed; and "the UCITS Directive" means Council Directive 85/611/EEC of 20 December 1985 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS), as amended from time to time, and includes any implementing measures that may be issued thereunder.
(2) Words and expressions used in these regulations which are also used in the Act but which are not defined herein, shall have the same meaning assigned to them in the Act.
(3) In the event that any of these regulations conflict with the provisions of the ELTIF Regulation, the latter shall prevail.