S.L. 370.47 · Investment Services Act (Supervisory (S.L. 370.47)
S.L. 370.47 Art. 2Interpretation. Cap. 370. Cap. 371. S.L. 370.10. Cap. 330.
(1) In these regulations, unless the context otherwise requires:
"the Act" means the Investment Services Act;
"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, as amended from time to time, and includes any implementing measures that have been or may be issued thereunder;
"credit institution" means a person licensed in terms of the
Banking Act, whose head office is in Malta or an undertaking whose business is to receive deposits or other repayable funds from the public and to grant credits for its own account, authorised by a European regulatory authority in terms of the CRD or authorised by a European regulatory authority in an EEA Member State;
"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, as amended from time to time, and includes any implementing measures that have been or may be issued thereunder;
"EBA" means the v Banking Authority established by Regulation (EU) No 1093/2010;
"EIOPA" means the European Insurance and Occupational
* See Legal Notice 59 of 2022. INVESTMENT FIRMS DIRECTIVE) Pensions Authority as established by Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/ 2009/EC and repealing Commission Decision 2009/79/EC;
"ESCB central banks" shall have the same meaning as that assigned to it in point 45 of Article 4(1) of the CRR;
"ESFS" means the European System of Financial Supervision;
"ESRB" means the European Systemic Risk Board established by Regulation (EU) No 1092/2010;
"European investment firm" means a firm as defined in Article 4(22) of the IFR, authorised by its European regulatory authority within the meaning of Article 5 of the MiFID, or authorised by a European regulatory authority in an EEA State;
"home member state" means
(a) in the case of an investment firm, within the meaning of these regulations, Malta;
(b) in the case of a "European investment firm", within the meaning of these regulations, the Member State where such European investment Firm is authorised by its European regulatory authority;
"host member state" means a Member State or an EEA State where an investment firm has established a branch or provides services on a cross border basis in terms of the European Passport
Rights for Investment Firms Regulations;
"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 IFD;
"the IFR" means Regulation 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/ 2014 and (EU) No 806/2014, as amended from time to time, and includes any implementing measures that have been or may be issued thereunder;
"the IFD" means Directive 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the prudential supervision of investment firms and amending Directives 2002/87/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU, 2014/59/EU and w2014/65/EU, as amended from time to time, and includes any implementing measures that have been or may be issued thereunder;
"Resolution Committee" means the Resolution Committee appointed in terms of article 7B(2) of the Malta Financial Services Authority Act;
"third country" means a country which is not a Member State or an EEA State.
(2) Words and expressions used in these regulations shall have the same meaning as that assigned to them as in the Act.