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S.L. 370.53 · Investment Services Act (Special Limited (S.L. 370.53)

S.L. 370.53 Art. 2Interpretation. Cap. 370.  Cap. 281. Cap. 330.

In KraftAmtlicher Text

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

"Act" means the Investment Services Act;

"auditor" shall have the same meaning assigned to it in article 2 of the Accountancy Profession Act;

"collective investment scheme" shall have the same meaning assigned to it in article 2 of the Act;

"competent authority" means the Malta Financial

Services Authority established by the Malta Financial Services Authority Act;

"general partner" means a person which is unlimitedly, jointly and severally liable for the debts and obligations attributable to the Special Limited Partnership Fund, and shall be construed in accordance with regulation 5(1)(a) and regulation 13. For the purposes of these regulations, the term "general partner", wherever it occurs in these regulations, shall be deemed to refer to all general partners of the Special Limited Partnership Fund, be it one or more than one general partners;

"Investment Services Rules" shall have the same meaning assigned to it in article 2 of the Act.

"limited partner" means a person whose liability does not PARTNERSHIP FUNDS)

exceed the amount of his capital contribution or commitment to the Special Limited Partnership Fund, and shall be construed in accordance with regulation 5(1)(b) and regulation 14, save for the instances where such limited partner allows his name, or a distinctive part thereof, to be used in the name of a Special Limited Partnership Fund and, or where such limited partner holds himself out to be a general partner. For the purposes of these regulations, the term "limited partner", wherever it occurs in these regulations, shall be deemed to refer to all limited partners of the Special Limited Partnership Fund, be it one or more than one limited partners;

"Partnership Agreement" means the Partnership Agreement referred to in regulation 8;

"register" shall have the same meaning assigned to it in regulation 7;

"register of partners" means a register that is maintained by the Special Limited Partnership Fund at its principal office and the purpose thereof is to list the full names and addresses of the partners together with an indication of who is a general partner and who is a limited partner;

"representation" shall include legal and judicial representation;

"Special Limited Partnership Fund" means the Special Limited Partnership Fund as referred to in regulations 4 and 5. Wherever in these regulations a right or obligation is placed on the Special Limited Partnership Fund, it shall be construed as meaning that the legal representation of such right or obligation shall be vested in the general partner acting on behalf of the Special Limited Partnership Fund.

(2) Words and expressions used in these regulations which are also used in the Act but which are not defined herein shall have the same meaning assigned to them in the Act.