Private Equity & Fund Architecture

Over the past few years, via its hallmark comparative approach, Malta has produced a market leading comprehensive legislative and regulatory framework for setting-up, licensing and marketing of Collective Investment Funds and Professional Investment Funds. This well structured balance of legislation and product focus, has enabled Malta (a fully fledged member of the European Union) to rapidly become a preferred jurisdiction for Non-Retail Funds, solidly grounded in a UK modeled professional services architecture and beneficial tax treatment.

Malta domiciled funds, have several advantages, beginning with status as a European Union entity, and the functional integrity resulting from internationally accepted regulatory standards and significant cost/benefit value. Moreover as a member of the European Union, Malta’s laws and regulations are fully compliant with EU directives governing financial services. This specialist evolution has attracted a number of international financial institutions, to operate from Malta enhancing a tailored financial infrastructure and related service industry. Thanks to political consensus from its outset, the financial sector in Malta now contributes 12% of the island’s GDP and all parties remain openly committed to ensure this sector’s expansion as a main pillar of the Maltese economy.

Such a stable legal and political environment, within the context of Malta’s geo-strategic Mediterranean position is well connected to mainland Europe, North Africa and the Middle East. Moreover, experience as a maritime centre since the 1970’s, and a rich tax treaty network of more than 50 treaties, enriches Malta with a full range of multi-lingual professionals focused on managing international clients and transactions.

 

Legislation

As Collective Investment Schemes, Professional Investor Funds (PIFs) are regulated by the Investment Services Act 1994 as amended in 2002. The Act’s ensures investor protection within a stable and attractive market, enabling participants to conduct their business in or from Malta.

Furthermore the Act provides the statutory basis for the licensing and regulation of persons and companies wishing to set up investment services undertakings and collective investment schemes.

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