L.S. 529.02 Regolamenti dwar Company Service Providers (Exemption) Regulations

(1)In these regulations, unless the context otherwise "Act" means the Company Services Providers Act; "Authority" means the Malta Financial Services Authority established in terms of the Malta Financial Services Authority Act; Cap.

1.   Cap.
2. "holding company" means any body corporate which directly holds twenty-five per cent (25%) or more of the shares in a body corporate which is licensed, registered or otherwise authorised by the Authority, or which is authorised by an overseas regulatory authority in a recognised jurisdiction; "recognised jurisdiction" means an EEA State or an EU Member State or any other jurisdiction which, in the opinion of the Authority, has an equal or comparable level of financial services regulation to that in Malta.

(2)Words and expressions used in these regulations which are also used in the Act but which are not defined herein shall have thesame meaning as assigned to them in the Act. 3.

(1)Without prejudice to sub-regulation

(2), the following persons shall be exempt from the provisions of articles 3, 3A and 3B of the Act, as applicable: (

1. a)a person authorised to act as a trustee or to provide other fiduciary duties in terms of the Trusts and Trustees Act; (
2. b)Deleted by Legal Notice 90 of 2025. (
3. c)a natural person who acts, or holds himself out as acting, as a director, a company secretary, a partner and, or a similar position solely in relation to a company, a partnership and, or a legal entity which is licensed, registered or otherwise authorised by the Authority and the holding company of such Exemption from articles 3, 3A and 3B of the Act. Amended by: L.N. 90 of 2025.  Cap. 331.  Cap. 590. 2 [ S.L. 529.02 COMPANY SERVICE PROVIDERS (EXEMPTION) company or legal entity: Provided that this exemption shall also apply to a natural person who acts, or holds himself out as acting, as a director, a company secretary, a partner and, or a similar position solely in relation to a company, a partnership and, or a legal entity which is authorised by an overseas regulatory authority in a recognized jurisdiction and the holding company of such company or legal entity; and      Cap. 345. (
4. d)a natural person who only offers the services of acting as director or secretary of a company whose financial instruments have been admitted to listing on a regulated market in Malta in terms of the Financial Markets Act: Provided that this exemption shall also apply to a natural person offering only such services to a company, partnership or other legal entity whose financial instruments have been admitted to listing on a regulated market by an overseas regulatory authority in a recognised jurisdiction.

(2)Any such person as referred to in paragraph (a) of subregulation

(1)shall, prior to providing any company services, notify the Authority in writing by means of the prescribed form that they shall be providing such services and that they are exempt from the provisions of articles 3, 3A and 3B of the Act, as applicable, in accordance with these regulations. Authority may request information and documentation. Amended by: L.N. 90 of 2025. 4. The Authority may, at its discretion and at any time, request any of the persons referred to in regulation 3

(1)to furnish any information and documentation relating to the provision of company services by such person, as it may deem necessary, and such person shall collaborate with the Authority and shall promptly collate and transmit without any undue delay such information and documentation as the Authority may request.