S.L. 370.53 Art. 9Changes in the Partnership Agreement and notification of changes.

(1) Unless otherwise provided in the Partnership

Agreement, any alteration or addition to the Partnership Agreement shall only be made in writing with the unanimous consent of the partners:

Provided that, unless otherwise provided in the Partnership Agreement, an alteration consisting in a change of registered office in Malta of the Special Limited Partnership Fund, shall only require the consent of the general partner vested with the administration or representation of the Special Limited Partnership Fund.

(2) The Special Limited Partnership Fund shall immediately notify the competent authority of any change in any of the matters contained in the Partnership Agreement, specifying the date of the change and the details of the change:

Provided that the competent authority shall not register the changes relating to matters enshrined in sub-regulation (4) of regulation 8 in its records unless it is satisfied that the said changes comply with the requirements of these regulations and any Investment Services Rules.

(3) Where the change in the Partnership Agreement consists of the replacement of a general partner by a new general partner or the appointment of any additional general partner, the notification to the competent authority under sub-regulation (2) shall specify the name and residence of the new general partner.

(4) Any alteration or addition to the Partnership Agreement in respect of any of the following matters shall not take effect with respect to third parties, unless and until these are publicly available on the competent authority’s register:

(a) the name of the Special Limited Partnership Fund;

(b) the principal office in Malta of the Special Limited Partnership Fund; and

(c) the replacement of a general partner or the appointment of an additional general partner to the Special Limited Partnership Fund.

(5) Where the Partnership Agreement expressly caters for a fixed duration of a Special Limited Partnership Fund, and where the intention is to extend such duration beyond the period initially fixed, the said Special Limited Partnership Fund shall, notwithstanding that provision in the Partnership Agreement, notify the competent authority of the extension of the period of duration, at least fifteen (15) days before the expiry date of the Partnership Agreement. Such Agreement shall be amended to reflect the said extension by not later than ten (10) days before the said expiry date.