S.L. 370.32 Art. 37Reporting obligations of the depositary.

(1) A depositary shall make available to the competent authority and, where the AIF and, or the AIFM are established in a

Member State other than Malta, to the European regulatory authorities of such AIF and, or AIFM, on request, any information that it would have obtained while performing its duties.

(2) Where an AIF and, or an AIFM are established in a Member State other than Malta and a depositary has been appointed in accordance with Article 21(5a) of the AIFMD, as transposed in national law, in relation to such AIF, the competent authority shall share, without delay, with the European regulatory authorities of such AIF and, or AIFM any information relevant for the exercise of their supervisory powers.

(3) Where an AIF and, or an AIFM are established in Malta and a European depositary has been appointed in accordance with regulation 29A in relation to such AIF, the competent authority shall share, without delay, with the European regulatory authority of such European depositary any information relevant for the exercise of the supervisory powers of such European regulatory authority.

Part 4b

Requirements applicable to depositaries of specific AIFs