B 711
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,852, 6 ta’ Mejju , 2022
Taqsima  B
____________________________________________________________________B 711
L.N.  129 of 2022
INVESTMENT SERVICES ACT
(CAP. 370)
Investment Services Act (Marketing of Alternative Investment 
Funds) (Amendment) Regulations, 2022
IN EXERCISE of the powers conferred by article 12 of the
Investment Services Act, the Minister responsible for the regulation of
financial services, acting on the advice of the Malta Financial ServicesAuthority, has made the following regulations:
Citation and 
scope.
S.L. 370.21.1. (1) The title of these regulations is the Investment
Services Act (Marketing of A lternative Investment Funds)
(Amendment) Regulations, 2022, and these regulations shall be r ead
and construed as one with the Investment Services Act (Marketing of
Alternative Investment Funds) Regulations, hereinafter referred  to as
"the principal regulations".
(2) The scope of these regulations is to transpose Article 2(4)
of Directive (EU) 2019/1160 of the European Parliament and of theCouncil of 20 June 2019 amending Directives 2009/65/EC and 2011 /
61/EU with regard to cross-border distribution of collective investmentundertakings.
Amends 
regulation 4 of 
the principal regulations. 2. Immediately after sub-regulation (19) of regulation 4 of the
principal regulations, there shall be added the following new sub-
regulation:
"(19A)Without prejudice to other supervisory powers
referred to in Article 45(3) of the AIFM Directive, as from thedate of transmission under sub-regulation (19), the European
regulatory authority of the Member State or EEA State identifie d
in the notification referred to in sub-regulation (16), shall not
require the Maltese AIFM concerned to demonstrate compliance
with national laws, regulations and administrative provisions
governing marketing requirements as referred to in Article 5 ofRegulation (EU) 2019/1156 of the European Parliament and of
the Council of 20 June 2019 on facilitating cross-border
distribution of collective investment undertakings and amendingRegulations (EU) No 345/2013, (E U) No 346/2013 and (EU) No
1286/2014.".
VERŻJONI ELETTRONIKA
B 712
________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz /Price
€0.09B 712
Amends 
regulation 5 of 
the principal regulations. 3. Immediately after sub-regulation (14) of regulation 5 of
the principal regulations, there shall be added the following n ew
sub-regulations:
"(14A) Where the competent authority is identified in the
notification referred to in sub-regulation (11), it shall have the
same rights and obligations as the competent authorities of the
host Member State of the AIFM as set out in Article 45 of the
AIFM Directive.
(14B) Without prejudice to other supervisory powers
referred to in Article 45(3) of the AIFM Directive, astransposed into national law, as from the date of transmissionunder sub-regulation (14), the competent authority shall not
require the European AIFM concerned to demonstrate
compliance with national laws, regulations and administrative
provisions governing marketing requirements as referred to in
Article 5 of Regulation (EU) 2019/1156 of the European
Parliament and of the Council of 20 June 2019 on facilitatingcross-border distribution of collective investment undertakings
and amending Regulations (EU) No 345/2013, (EU) No 346/
2013 and (EU) No 1286/2014.".
VERŻJONI ELETTRONIKA