GTG’s finance practice covers all aspects related to investment, with particular emphasis on the licensing and regulatory requirements applicable to collective investment schemes (CIS) operating in or from Malta or formed in accordance with the laws of Malta but operating abroad.
Under the Investment Services Act, investment services may comprise the following:
- Reception and Transmission of Orders to buy, sell or subscribe for instruments to a third party for execution;
- Execution of orders on behalf of other persons;
- Dealing on own account or trading against proprietary capital resulting in conclusion transactions in one or more instruments;
- Management of investments or assets belonging to another person;
- Trustee, Custodian or Nominee Services;
- Investment Advice to investors or potential investors in respect of transactions;
- The underwriting or placing of instruments whereby the service-provider assumes the risk of bringing a new securities issue to the market by guaranteeing the sale of a certain number of shares to investors;
- Placing of Instruments without a firm commitment basis;
- Operation of a Multilateral Trading Facility.
GTG assists its clients choose and set-up the appropriate CIS, whether it is a collective investment company with variable share capital (SICAV), a collective investment company with fixed share capital (INVCO), a unit trust, a mutual fund or a limited partnership. The firm also gives counsel on possible exemptions from licensing requirements as in the case of private schemes - which limit the number of investors to fifteen persons who are either close friends or relatives of the promoters - or in cases where firms wish to establish a branch or to provide cross-border services in Malta. Other areas of advice relate to corporate redomiciliation and to Professional Investor Funds (PIFs), which cater for extraordinary, qualifying or experienced investors, in accordance with their minimum investment treshhold, and are not subject to restrictions on their investment and borrowing powers.
While legislation is complex and intricate, the firm’s comprehensive expertise in this area allows it to provide hands-on advice. |