S.L. 370.18 Art. 5Documents and information to be provided to investors by the Maltese UCITS.

(1) Where a Maltese UCITS markets its units in another

Member State or EEA State, it shall provide investors within the territory of such Member State or EEA State with the documents referred to under sub-regulation (1)(a) to (d) free of charge and upon request for the purposes of inspection and obtaining copies thereof:

(a) a prospectus;

(b) an annual report for each financial year;

(c) a half-yearly report covering the first six months of the financial year; and

(d) key investor information document.

(2) The information and documents prescribed in sub-regulation (1)(a) to (c) shall be provided to investors in the manner prescribed by the European regulatory authority of the Member State or EEA State in which the Maltese UCITS is marketing its units.

(3) The Maltese UCITS shall translate the key investor information document referred to in sub-regulation 1(d) into the official language, or one of the official languages, of the UCITS host Member State or EEA State or into a language approved by the European regulatory authority of that Member State or EEA State. The Maltese UCITS shall, at its discretion, translate the documents referred to in sub-regulation (1)(a) to (c) into the official language or one of the official languages of the Member State or EEA State in which it markets its units, into a language approved by the European regulatory authority of that Member State or EEA State or in a language customary in the sphere of international finance.

(4) The Maltese UCITS shall be responsible to provide accurate translations of the information or documents referred to in sub-regulation (1), and such translations shall faithfully reflect the content of the original information.

(5) The requirements prescribed in sub-regulations (1) to (4) shall also be applicable to any changes to the information and documents referred to therein.

(6) The frequency of the publication of the issue, sale, repurchase or redemption price of units of the Maltese UCITS in terms of sub-regulation (1)(c) shall be subject to applicable provisions prescribed in the Investment Services Rules.

(7) The Maltese UCITS proposing to market its units in another Member State or EEA State shall, in accordance with the laws, regulations and administrative provisions in force in that Member State or EEA State, take the measures necessary to ensure that facilities are available therein to:

(a) process subscription, repurchase and redemption orders and make other payments to unit-holders relating to the units of the UCITS, in accordance with the conditions set out in the documents required pursuant to sub-regulation 1(a) to (d);

(b) provide investors with information on how orders referred to in point (a) above can be made and how repurchase and redemption proceeds are paid;

(c) facilitate the handling of information and access to procedures and arrangements relating to the investors' exercise of their rights arising from their investment in the UCITS in the Member State or EEA State where the UCITS is marketed;

(d) provide investors with information relevant to the tasks that the facilities perform in a durable medium; and

(e) act as a contact point for communicating with the European regulatory authority of that Member State or EEA State.

(7A) The Maltese UCITS shall ensure that the facilities to perform the tasks referred to in sub-regulation (7), including electronically, are provided:

(a) in the official language or one of the official languages of the Member State or EEA State where the UCITS is marketed or in a language approved by the European regulatory authority of that Member State or EEA State; and

(b) by the UCITS itself, by a third party which is subject to regulation and supervision governing the tasks to be performed, or by both.

(7B) For the purposes of sub-regulation (7A)(b), where the tasks are to be performed by a third party, the appointment of the said third party shall be evidenced by a written contract, which specifies which of the tasks referred to in sub-regulation (7) are not to be performed by the UCITS and that such third party will receive all the relevant information and documents from the UCITS.

(8) For the purpose of pursuing its activities, the Maltese UCITS may use the same reference to its legal form in terms of regulation 3(3), in its designation in the Member State or EEA State in which it markets its units as it uses in Malta.

(9) A Maltese UCITS shall make public in an appropriate manner the issue, sale, repurchase or redemption price of its units each time it issues, sells, repurchases or redeems them, in accordance with Investment Services Rules.