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S.L. 370.49 · Supervisory Consolidation (S.L. 370.49)

S.L. 370.49 ст. 2Interpretation. 

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

"the Act" the Investment Services Act;

"ancillary services undertaking" shall have the same meaning as assigned to it in point (1) of Article 4 of the IFR;

"consolidated basis" shall have the same meaning as that assigned to it in point (12) of Article 4(1) of the IFR;

"consolidated situation" shall have the same meaning as that assigned to it in point (11) of Article 4(1) of the IFR;

"the competent authority" means the Malta Financial Services

Authority established by article 3 of the Malta Financial Services Authority Act;

"consolidating supervisor" shall have the same meaning as that assigned to it in point (41) of Article 4(1) of the CRR;

"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;

"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)

* See Legal Notice 61 of 2022. (INVESTMENT FIRMS DIRECTIVE) 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 European Banking Authority as established by Regulation (EU) No 1093/2010;

"EEA" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on the 2nd May, 1992 as amended by the protocol signed at Brussels on the 17th March, 1993 and as amended by any subsequent Act;

"ESRB" means the European Systemic Risk Board established by Regulation (EU) No 1092/2010;

"EU parent investment firm" shall have the same meaning as that assigned to "Union Parent Investment Firm" in point (56) of Article 4(1) of the IFR;

"EU parent investment holding company" shall have the same meaning as that assigned to "Union parent investment holding company" in point (57) of Article 4(1) of the IFR;

"EU parent mixed financial holding company" shall have the same meaning as that assigned to "Union parent mixed financial holding company" in point (58) of Article 4(1) of the IFR;

"EU investment firm" means a firm as defined in point (1) of Article 4(1) of MIFID;

"European regulatory authority" means an authority which is situated in a country or territory outside Malta that is a Member State and is empowered by law or regulation to supervise investment firms;

"financial holding company" shall have the same meaning as that assigned to it in point (20) of Article 4(1) of the CRR;

"financial institution" shall have the same meaning as that assigned to it in point (14) of Article 4(1) of the IFR:

"group supervisor" means a competent authority responsible for the supervision of compliance with the group capital test of EU parent investment firms and investment firms controlled by EU parent investment holding companies or EU parent mixed financial holding companies;

"home Member State" shall have the same meaning as that assigned to it in point (55)(a) of Article 4(1) of the MIFID;

"host Member State" shall have the same meaning as that assigned to it in point (56) of Article 4(1) of the MIFID ; "investment firm" means a person who holds an investment services licence issued by the competent authority under the Investment Services Act and which is subject to the requirements of the IFD and IFR;

"Member State" means a Member State of the European Union and includes an EEA State;

"mixed financial holding company" shall have the same meaning as that assigned to it in point (40) of Article 4(1) of the IFR;

"parent financial holding company in a Member State" shall have the same meaning as that assigned to it in point (30) of Article 4(1) of the CRR;

''parent institution in Malta" means an institution in Malta which has an institution or a financial institution as a subsidiary or which holds a participation in such an institution or financial institution, and which is not itself a subsidiary of another institution authorised in Malta, or of a financial holding company or mixed financial holding company set up in Malta;

"parent undertaking" shall have the same meaning as that assigned to it in point (42) of Article 4(1) of the IFR;

"participation" shall have the same meaning as that assigned to it in point (35) of Article 4(1) of the CRR;

"Rules" means Rules for investment firms issued by the competent authority in terms of the Investment Services Act;

"subsidiary" shall have the same meaning as that assigned to it in point (51) of Article 4(1) of the IFR;

"third country" means a country that is not a Member State;

"third country regulatory authority" means an authority which is in a country or territory that is not a Member State and is empowered by law or regulation to supervise investment firms.

(2) Words and expressions in these regulations shall have the same meaning as that assigned to them in the Act.

История изменений
  • Amended by L.N. 152 of 2025