S.L. 370.42 · sl/370.42 (S.L. 370.42)
S.L. 370.42 ст. 2Interpretation. Cap. 370.
(1) In these regulations, unless the context otherwise requires:
"Act" means the Investment Services Act;
"ancillary services" means any of the services listed within the Third Schedule to the Act;
"the competent authority" means the Malta Financial Services Authority defined under article 2 of the Act;
"European investment firm" means an investment firm as defined in Article 4(1) of MIFID authorised by its European regulatory authority within the meaning of Article 5 of MIFID or authorised by a European regulatory authority in an EEA State;
"European right" means the entitlement of a person to establish a branch, or provide services in a Member State or EEA State other than that in which it has its head office -
(a) in accordance with the Treaty as applied in the Member States or EEA States; and
(b) subject to the requirements of MIFID and subject to any regulations made under the Act and, or Investment Services Rules and,or Conduct of Business Rules issued by the competent authority in terms of article 6 of the Act, implementing such requirements as may be applicable;
"Maltese investment firm" means a person licensed in terms of the Act, whose head office is in Malta and who is entitled to carry on an activity in a Member State or EEA State other than Malta in exercise of a European Right;
"MiFID" means Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU, as amended from time to time, and issued thereunder;
"tied agent" means a natural or legal person, who under the full and unconditional responsibility of only one Maltese investment firm or European investment firm and on whose behalf it acts, promotes investment and, or ancillary services to clients or prospective clients, receives and transmits instructions or orders from the client in respect of investment services or instruments, places instruments and, or provides investment advice to clients or prospective clients in respect of those instruments or services.
(2) Words and expressions which are also used in the Act shall have the same meaning as in the Act.