S.L. 370.13 Art. 3Exercise of passport right by personsoperating Multilateral Trading Facility or an organised trading facility established in a Member State or EEA State.

(1) A person who operates a multilateral trading facility or an organised trading facility in any Member State or EEA state other a than Malta and which is seeking to provide appropriate arrangements in Malta in exercise of a European right shall satisfy the conditions specified in subregulation (2) and shall be exempt from the provisions of article 3 of the Act.

(2) The conditions for the purposes of this regulation are that:

(a) the person operating the multilateral trading facility or an Organised Trading Facility has communicated to its European regulatory authority that it intends to provide arrangements to facilitate access to and trading on those markets by remote users, members or participants established in Malta;

(b) the supervisory authority of the persons operating a multilateral trading facility or an organised trading facility in terms of Article 34(7) of MiFID has, within one month of the receipt of the information specified in paragraph (a), notified the competent authority of this information. Part II – Exercise of Passport Rights by Persons operating a Multilateral Trading Facility or Organised Trading Facility established in Malta