Rechtsbibliothek und Fallanalyse · Österreich · Belgien · Europäische Union
LAWxPERT Anmelden Kostenloses Konto

S.L. 370.43 · Investment Services Act (Provision Of (S.L. 370.43)

S.L. 370.43 Art. 7AReporting obligations of the branch of the third- country firm.

In KraftAmtlicher Text

The branch of the third‐country firm that is authorised in accordance with regulation 5 shall report to the competent authority referred to in regulation 7 the following information on an annual basis:

(a) the scale and scope of the services and activities carried out by the branch in Malta;

(b) for third‐country firms performing the activity listed in point (3) of Section A of Annex I to MiFID, their monthly minimum, average and maximum exposure to EU counterparties;

(c) for third‐country firms providing one or both of the services listed in point (6) of Section A of Annex I to MiFID, the total value of financial instruments originating from EU counterparties underwritten or placed on a firm commitment basis over the previous 12 months;

(d) the turnover and the aggregated value of the assets corresponding to the services and activities referred to in point (a);

(e) a detailed description of the investor protection arrangements available to the clients of the branch, including the rights of those clients resulting from the investor‐compensation scheme referred to in paragraph (f) of regulation 3(3);

(f) their risk management policy and arrangements applied by the branch for the services and activities referred to in paragraph (a);

(g) the governance arrangements, including key function holders for the activities of the branch;

(h) any other information considered by the competent authority to be necessary to enable comprehensive monitoring of the activities of the branch:

Provided that upon request, the competent authority shall communicate the following information to ESMA:

(a) all the authorisations for branches authorised in accordance with regulation 5(1) and any subsequent changes to such authorisations;

(b) the scale and scope of the services and activities carried out by an authorised branch in Malta;

(c) the turnover and the total assets corresponding to the services and activities referred to in point (b);

(d) the name of the third-country group to which an an authorised branch belongs: Provided further that the competent authority referred to in regulation 7(1) shall cooperate closely with the competent authorities of entities that are part of the same group to which branches of third-country firms authorised in accordance with regulation 5(1) belong, and ESMA and EBA, to ensure that all activities of that group in the European Union are subject to comprehensive, consistent and effective supervision in accordance with the MIFID, the MiFIR, the CRR, the IFR, the CRD, and the IFD.

Änderungsgeschichte
  • Amended by L.N. 155 of 2025