Collective Investment Schemes in Malta

Collective Investment Schemes in Malta

A presentation brought to you by LawyersMalta.eu

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Collective Investment Funds Laws in Malta

Malta has become an internationally recognized investment funds destination because of the facilities it offers to those setting up investment companies here.

The main legislation ruling over collective investment schemes in Malta are the Investment Services Act and the Commercial Law. 

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Types of Maltese Collective Investment Funds

The Maltese legislation on investment services provides for the following types of collective investment schemes:

• retail collective investment schemes;• private collective investment

schemes;• professional investor funds (PIFs);• alternative investment funds (AIFs).

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Retail Collective Investment Funds in Malta

Malta allows for all types of funds to be called collective investment schemes. 

Retail investment funds are:

• closed-ended;• open-ended.

Open-ended and closed-ended retail funds in Malta can be operated by itself or by fund managers.

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Private Collective Investment Funds in Malta

A special category among the collective investment schemes are private funds which are subject to several criteria in Malta:

• they must be set up by a maximum number of 15 investors;

• the investors must be related or close to the promoters of the fund;

• the funds cannot be deemed as professional;

• the funds are set up for personal purposes only.

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How to Set Up Collective Investment Funds in Malta

All types of Maltese collective investment schemes must obtain a license with the MFSA and then be incorporated under one of the structures allowed by the Company Law.

Our lawyers in Malta can assist you in registering a company for any type of collective investment fund.

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Structures for Investment Funds in Malta

The following types of business forms are available for registering investment funds in Malta:

• investment companies with variable share capital (SICAV);

• investment companies with fixed share capital (INVCO);

• incorporated cell companies (ICC);• recognized incorporated cell companies

(RICC);• limited partnerships;• unit trusts;• common contractual funds.

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Taxation of Maltese Collective Investment Funds

Maltese investment funds are sought because of the advantageous taxation system applied.

The taxation of investment funds in Malta depends of the category the fund falls into and whether the investment fund is prescribed or non-prescribed.

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Assistance in Establishing Maltese Investment Funds

For complete information on the investment schemes market, do not hesitate to contact our law firm in Malta. 

You can also rely on our lawyers in Malta for assistance in setting up collective investment funds or for trustee services.

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Thank you for your attention!

For more information, please contact us at:(+44) 203-287 0408 (for international clients)

[email protected]

www.lawyersmalta.eu

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