S.L. 529.2 Art. 3Exemption from articles 3, 3A and 3B of the Act. 

(1) Without prejudice to sub-regulation (2), the following persons shall be exempt from the provisions of articles 3, 3A

and 3B of the Act, as applicable:

(a) a person authorised to act as a trustee or to provide other fiduciary duties in terms of the Trusts and Trustees Act;

(b) Deleted by Legal Notice 90 of 2025.

(c) a natural person who acts, or holds himself out as acting, as a director, a company secretary, a partner and, or a similar position solely in relation to a company, a partnership and, or a legal entity which is licensed, registered or otherwise authorised by the Authority and the holding company of such company or legal entity:

Provided that this exemption shall also apply to a natural person who acts, or holds himself out as acting, as a director, a company secretary, a partner and, or a similar position solely in relation to a company, a partnership and, or a legal entity which is authorised by an overseas regulatory authority in a recognized jurisdiction and the holding company of such company or legal entity; and

(d) a natural person who only offers the services of acting as director or secretary of a company whose financial instruments have been admitted to listing on a regulated market in Malta in terms of the Financial Markets Act:

Provided that this exemption shall also apply to a natural person offering only such services to a company, partnership or other legal entity whose financial instruments have been admitted to listing on a regulated market by an overseas regulatory authority in a recognised jurisdiction.

(2) Any such person as referred to in paragraph (a) of sub-regulation (1) shall, prior to providing any company services, notify the Authority in writing by means of the prescribed form that they shall be providing such services and that they are exempt from the provisions of articles 3, 3A and 3B of the Act, as applicable, in accordance with these regulations.