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Malta has a strong, yet flexible, single regulatory body in the Malta Financial Services Authority (MFSA). The MFSA is responsible for all licensed financial services activity on the Islands. The single regulator allows for streamlined procedures and reduced bureaucracy, leading to lower fees and compliance costs and a more consistent interpretation of the rules and legislation and has the flexibility and accessibility to allow for custom made solutions and to be proactive in its approach.
The Malta Stock Exchange encourages the primary and secondary listing of funds. Procedures for listing require a fund to be registered and regulated by the MFSA. Secondary listing requirements are very flexible provided the fund is listed on a recognised foreign stock exchange.
Malta operates a full imputation system of taxation and has been deemed by the European Commission to be compliant with EU non discrimination principals. Maltese Companies are subject to the normal corporate tax rate applicable to all companies registered in Malta, at 35% on their worldwide income. Under Malta's full imputation system when dividends are paid by trading companies to the shareholders, these shareholders become entitled to claim refunds of 6/7ths of the Malta tax paid by the company.
Collective Investment Schemes (CIS's) licensed under the Investment Services Act are exempt from corporate tax. No tax is payable by non-resident investors when they dispose of their investment or when they receive a dividend out of such profits.
Malta has an extensive tax treaty network.
Legal structures of Collective Investment Schemes:
The law provides that a scheme may be set up as either:-
- collective investment company with variable share capital (SICAV); or
- collective investment company with fixed share capital (INVCO); or
- unit trust; or
- mutual fund; or
- limited liability partnership.
Professional Investor Funds (PIF's) target either extraordinary investors, qualifying investors or experienced investors, in accordance with their minimum investment threshold. These types of funds are classified as non-retail type funds and are therefore not subject to any restrictions on their investment or borrowing powers with the exception of experienced investors whose borrowings are limited to 100% of NAV. PIF's may be sold solely to investors who satisfy the minimum investment threshold: 'experienced investors' are subject to a minimum investment threshold €15,000; 'qualifying investors' are subject to a minimum investment threshold of €75,000; whilst 'extraordinary investors' are subject to a minimum investment threshold of €750,000.
With regard to UCITS funds licensed in Malta, a UCITS has to have its capital raised from the public, its sole object has to be the collective investment in transferable securities and other liquid financial assets as referred to in the directive, operates on principle of risk spreading an its units are repurchased and redeemed from the assets of the scheme at the request the unit-holder. One of the key factors' for UCITS success is the ability to passport accross the 25 EU member states.
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