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Establish a Fund in Malta

Establish a Fund in Malta

The recent ratings received by Malta from the most prestigious credit rating agencies in the world emphasize the strong financial sector of the country. One of the best performing segments of the financial industry in Malta is the investment funds sector. In order to establish a fund in Malta, an investor must comply with various requirements and laws.

Our Maltese lawyers can explain the qualifications required to set up funds in this country.

Legislation related to establishing funds in Malta

Both professional investors and individuals are allowed to create funds in Malta. The following laws regulate the establishment of funds in Malta:

  • –          the Retail Collective Investment Schemes Law which covers both UCITS (undertakings for collective investments in transferable securities) funds and non-UCITS funds;
  • –          the Professional Investor Funds (PIFs) Law;
  • –          the Investment Services Act.

The Maltese Investment Services Law covers the licensing procedures an investment fund must undergo.

One of the greatest advantage of setting up a fund in Malta is the fact that it must obtain its authorization from a single regulatory body, the Malta Financial Services Authority (MFSA). Malta is also one of the countries offering a high degree of protection to investors.

Our law firm in Malta can offer more information on the capital requirements to open a fund here.

Structures for opening a fund in Malta

One of the main reasons for opening an investment fund in Malta is the variety of structures used for the registration of the fund acknowledged by the MFSA. These structures include both corporate and non-corporate forms, such as:

  • –          investment companies with a variable or fixed share capital;
  • –          incorporated cell companies;
  • –          limited partnerships;
  • –          unit trusts;
  • –          contractual funds.

Once established, the fund must undergo the authorization process with the MFSA based on a prospectus and the company’s incorporation documents. Also, depending on the type of fund, a manager who meets the fit and proper criteria imposed by the MFSA must be appointed.

For full information on the requirements to register a fund in Malta, please contact us. You can also rely on our attorneys in Malta for information on the legislation related to investment funds.