S.L. 370.40 Art. 2Interpretation.

(1) In these regulations, unless the context otherwise requires:

"approved publication arrangement" or "APA" means a person authorised under MiFIR to provide the service of publishing trade reports on behalf of investment firms pursuant to Articles 20 and 21 of MiFIR;

"approved reporting mechanism" or "ARM" means a person authorised under MiFIR to provide the service of reporting details of transactions to competent authorities or to ESMA on behalf of investment firms;

"competent authority" means the Malta Financial Services Authority established by the Malta Financial Services Authority Act; S.L.370.40 MEASURES AND INVESTIGATORY POWERS)

"consolidated tape provider" or "CTP" means a person authorised under MiFIR to provide the service of collecting trade reports for financial instruments listed in Articles 6, 7, 10, 12, 13, 20 and 21 of MiFIR from regulated markets, MTFs, OTFs and APAs and consolidating them into a continuous electronic live data stream providing price and volume data per financial instrument;

"deposit" means a credit balance which results from funds left in an account or from temporary situations deriving from normal banking transactions and which a credit institution is required to repay under the legal and contractual conditions applicable, including a fixed-term deposit and a savings deposit, but excluding a credit balance where:

(a) its existence can only be proven by a financial instrument as defined herein unless it is a savings product which is evidenced by a certificate of deposit made out to a named person and which exists in a Member State on 2 July 2014;

(b) its principal is not repayable at par;

(c) its principal is only repayable at par under a particular guarantee or agreement provided by the credit institution or a third party;

"ETF" means an ‘exchange-traded fund’ being a fund of which at least one unit or share class is traded throughout the day on at least one trading venue and with at least one market maker which takes action to ensure that the price of its units or shares on the trading venue does not vary significantly from its net asset value and, where applicable, from its indicative net asset value;

"European investment firm" means an investment firm as defined in Article 4(1) of MiFID authorised by its European regulatory authority within the meaning of Article 5 of MiFID or authorised by a European regulatory authority in an EEA State";

"financial instrument" means an instrument included in the Second Schedule to the Investment Services Act; S.L.370.40 MEASURES AND INVESTIGATORY POWERS) [ "Maltese credit institution" means a credit institution as defined in point (1) of Article 4(1) of Regulation (EU) No 575/ 2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012, as amended from time which is licensed in terms of the Banking

Act, whose head office is in Malta and who is entitled to carry on an activity in a Member State other than Malta in exercise of a European passport right as defined in the European Passport

Rights for Credit Institutions Regulations;

"Maltese investment firm" means a person licensed in terms of the Investment Services Act, whose head office is in Malta and who is entitled to carry on an activity in a Member State or EEA State other than Malta in exercise of a European Right;

"European Right" means the entitlement of a person to establish a branch, or provide services, in a Member State or EEA State other than that in which it has its head office:

(a) in accordance with the Treaty as applied in the Member State or EEA State; and

(b) subject to the requirements of MIFID and subject to any regulations made under the Act; and, or Investment Services Rules and, or Conduct of Business Rules issued by the competent authority in terms of article 6 of the Act; implementing such requirements as may be applicable;

"MiFID" means Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments, as amended from time to time, and includes any implementing measures that have been or may be issued thereunder;

"MiFIR" means Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May, 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012, as may be amended from time to time, and includes any implementing measures, implementing technical standards, regulatory technical standards, guidelines and similar measures that have been or may be issued thereunder;

"structured deposit" means a deposit as defined in paragraph (c) of the definition "deposit", and which is fully repayable at maturity on terms under which interest or a premium will be paid or is at risk, according to a formula involving factors such as:

(a) an index or combination of indices, excluding variable rate deposits whose return is directly S.L.370.40 MEASURES AND INVESTIGATORY POWERS) linked to an interest rate index such as Euribor or Libor;

(b) a financial instrument or combination of financial instruments;

(c) a commodity or combination of commodities or other physical or non-physical non-fungible assets; or

(d) a foreign exchange rate or combination of foreign exchange rates;

(2) Words and expressions which are also used in the

Investment Services Act or in the Banking Act shall have the same meaning as in the respective Acts.