Cap. 370 Art. 2ACompetent authority.

(1) The competent authority shall carry out its functions under this Act and, in particular, shall ensure compliance with the provisions of this Act.

(2) The competent authority shall also carry out the functions and duties as competent authority for all purposes of the AIFM Directive, the CRD, the CRR, the DLT Pilot Regime Regulation, the MIFID, the

MiFIR, the UCITS Directive, the IFD and the IFR, and the

Commission of the European Union, ESMA, the EBA and European regulatory authorities shall be informed accordingly.

(2A) The competent authority shall have the expertise, resources, operational capacity, powers and independence necessary to carry out its functions and exercise its powers at law.

(3) Without prejudice to any other duty arising from this Act, the AIFM Directive, the DLT Pilot Regime Regulation, the MIFID the MiFIR, the UCITS Directive, the IFD or the IFR, the competent authority shall:

(a) notify ESMA of the complaint and redress procedures which are available in Malta;

(b) notify the Commission of the European Union, ESMA and the other European regulatory authorities that it is the contact point in terms of article 17(1) and that it is the authority designated to receive requests for exchange of information or cooperation in terms of this Act;

(c) send to ESMA and to the Commission of the European Union, a list of the categories of bonds referred to in Article 54(1) of the UCITS Directive together with the categories of issuers authorised, in accordance with the laws and supervisory arrangements mentioned in that sub-paragraph, to issue bonds complying with the criteria set out in Article 54 of the UCITS Directive. A notice specifying the status of the guarantees offered shall be attached to those lists;

(d) ensure that all information received under the third paragraph of Article 51 of the UCITS Directive aggregated in respect of all the management or investment companies they supervise is accessible to ESMA in accordance with Article 35 of Regulation

(EU) No 1095/2010, and ESRB in accordance with Article 15 of Regulation (EU) No 1092/2010 for the purpose of monitoring systemic risks at European Union level;

(e) subject to the conditions laid down in Article 35 of Regulation (EU) No 1095/2010, provide ESMA and the ESRB with aggregated information relating to the activities of AIFMs under their responsibility;

(f) provide ESMA and other European regulatory authorities with any information required for the purposes of carrying out its duties under the AIFM Directive.

(4) Without prejudice to the functions, powers and duties assigned to the competent authority by means of this Act, the competent authority shall also have the functions, powers and duties assigned to it under the Malta Financial Services Authority Act and under any regulations made thereunder for the purposes of transposing the provisions of the BRRD.

LICENSING REQUIREMENTS