S.L. 370.46 Art. 2Interpretation. 

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

"the Act" means the Investment Services Act;

"ancillary services undertaking" shall have the same meaning as that assigned to it in point (18) of Article 4(1) of the CRR;

"branch" shall have the same meaning as that assigned to it in point (17) of Article 4(1) of the CRR;

"consolidated basis" shall have the same meaning as that assigned to it in point (48) of Article 4(1) of the CRR;

"consolidated situation" shall have the same meaning as that assigned to it in point (47) of Article 4(1) of the CRR;

"the competent authority" means the Malta Financial Services

Authority established by the Malta Financial Services Authority Act;

"consolidating supervisor" shall have the same meaning as that assigned to it in point (41) of Article 4(1) of the CRR;

"CRD" means Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions, amending Directive 2002/87/EC and repealing Directives 2006/48/ EC and 2006/49/EC;

*See Legal Notice 37 of 2022. (SUPERVISORY CONSOLIDATION) 370.46 (CAPITAL REQUIREMENTS DIRECTIVE) "CRR" means Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012;

"EBA" means the European Banking Authority as established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24th November 2010 establishing a European Supervisory Authority;

"EEA" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on the 2nd May, 1992 as amended by the protocol signed at Brussels on 17th March, 1993 and as amended by any subsequent Act;

"EIOPA" means the European Insurance and Occupational Pensions Authority as established by Regulation (EU) No. 1093/2010 of the European Parliament and of the Council of 24th November 2010 establishing a European Supervisory Authority;

"ESCB central banks" shall have the same meaning as that assigned to it in point (45) of Article 4(1) of the CRR;

"ESRB" means the European Systemic Risk Board established by Regulation (EU) No 1092/2010;

"EU investment firm" means a firm as defined in Article 4(1)(2) of the CRR, authorised by its European regulatory authority within the meaning of Article 5 of the MiFID Directive or authorised by a European regulatory authority in an EEA State;

"EU parent financial holding company" shall have the same meaning as that assigned to it in point (31) of Article 4(1) of the CRR;

"EU parent institution" shall have the same meaning as that assigned to it in point (29) of Article 4(1) of the CRR;

"EU parent mixed financial holding company" shall have the same meaning as that assigned to it in point (33) of Article 4(1) of Article 4(1) of the CRR;

"European regulatory authority" means an authority which is situated in a country or territory outside Malta that is a Member State and is empowered by law or regulation to supervise investment firms;

"financial holding company" shall have the same meaning as that assigned to it in point (20) of Article 4(1) of the CRR;

"financial institution" shall have the same meaning as that assigned to it in point (26) of Article 4(1) of the CRR:

Provided that the entities referred to in point (1) and in points (3) to (24) of Article 2(5) of the CRD shall be treated as financial institutions;

"home Member State" shall have the same meaning as that assigned to it in point (43) of Article 4(1) of the CRR;

"host Member State" shall have the same meaning as that assigned to it in point (44) of Article 4(1) of the CRR;

"insurance undertaking" shall have the same meaning as that assigned to it in point (5) of Article 4(1) of the CRR;

"investment firm" means a person who holds an investment services licence issued by the competent authority under the Act and which is subject to the requirements of the CRD and CRR; "Member State" includes an EU and EEA State;

"mixed activity holding company" shall have the same meaning as that assigned to it in point (22) of Article 4(1) of the CRR;

"mixed financial holding company" shall have the same meaning as that assigned to it in point (21) of Article 4(1) of the CRR;

"parent financial holding company in a Member State" shall have the same meaning as that assigned to it in point (30) of Article 4(1) of the CRR;

''parent institution in Malta" means an institution in Malta which has an institution or a financial institution as a subsidiary or which holds a participation in such an institution or financial institution, and which is not itself a subsidiary of another institution authorised in Malta, or of a financial holding company or mixed financial holding company set up in Malta;

"parent mixed financial holding company in a Member State" shall have the same meaning as that assigned to it in point (32) of Article 4(1) of the CRR;

"parent undertaking" shall have the same meaning as that assigned to it in point (15) of Article 4(1) of the CRR;

"participation" shall have the same meaning as that assigned to it in point (35) of Article 4(1) of the CRR;

"Rules" means Rules for investment firms issued by the competent authority in terms of the Act; (SUPERVISORY CONSOLIDATION) 370.46 (CAPITAL REQUIREMENTS DIRECTIVE) "sub-consolidation basis" shall have the same meaning as that assigned to it in point (49) of Article 4(1) of the CRR;

"subsidiary" shall have the same meaning as that assigned to it in point (16) of Article 4(1) of the CRR;

"third country" means a country that is not a Member State;

"third country regulatory authority" means an authority which is in a country or territory that is not a Member State and is empowered by law or regulation to supervise investment firms.

(2) Words and expressions which are also used in the Act shall have the same meaning as that assigned to it in the Act.

Part I - Consolidated Supervision