S.L. 370.18 Art. 9Documents and information to be provided to Maltese investors by the European UCITS.

(1) Where a European UCITS markets its units in Malta, it shall provide investors in Malta 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 European 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 Malta or into a language approved by the competent authority. The information and documents prescribed in sub-regulation (1)(a) to (c) shall be provided to investors in the manner prescribed by the Investment Services Rules. This information and documentation shall be translated, at the choice of the European UCITS, into the official language or one of the official languages of Malta, into a language approved by the competent authority or into a language customary in the sphere of international finance.

(3) The European UCITS shall be responsible for providing accurate translations of the information referred to in sub-regulations (1) and (2), which translation shall faithfully reflect the content of the original information.

(4) The requirements prescribed in sub-regulations (1) to (3) shall also be applicable to any changes to the information and documents referred to therein.

(5) The European UCITS marketing its units in Malta shall, in accordance with the laws, regulations and administrative provisions in force in Malta, take the measures necessary to ensure that facilities are available in Malta to:

(a) process subscription, repurchase and redemption orders and make other payments to unit-holders relating to the units of the European 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 European UCITS in Malta;

(d) make the information and documents required pursuant to Chapter IX available to investors under the conditions laid down in Article 94, for the purposes of inspection and obtaining copies thereof;

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

(f) act as a contact point for communicating with the competent authority.

(5A) The European UCITS shall not be required to have a physical presence in Malta or to appoint a third party for the purposes of sub-regulation (5).

(5B) The European UCITS shall ensure that the facilities to perform the tasks referred to in sub-regulation (5), including electronically, are provided:

(a) one of the official languages of Malta or in a language approved by the competent authority; and

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

(5C) For the purposes of sub-regulation (5B), 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 (5) are not to be performed by the European UCITS and that the third party will receive all the relevant information and documents from the European UCITS.

(6) For the purpose of pursuing its activities, the European UCITS may use the same reference to its legal form in its designation in Malta as it uses in the home Member State or EEA State in which it is authorised.

(7) A European UCITS marketing its units in Malta shall, in an appropriate manner, make public 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.

(8) The provisions of article 11(1)(a) and (b) of the Act shall not apply to European UCITS marketing their units in Malta.