The Malta Financial Services Authority (“MFSA” or the “Authority”) has been looking into certain matters related to a Collective Investment Scheme with respect to the late submission of regulatory information to the Authority. The Authority has considered the goodwill demonstrated by the Collective Investment Scheme and agreed to settle all pending matters.
Business Activity: Collective Investment Scheme
FINDINGS:
The MFSA found failings in respect to:
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- SLC 12.8 of Part BII of the Investment Services Rules for Retail Schemes with respect to the late submission of the Annual Report, the Audited Financial Statements, the Self-Assessment Certificate and the Financial Derivative Instruments Report for the financial year ended 31 December 2023;
- SLC 12.8 (i)(ii)(iii) of Part BII of the Investment Services Rules for Retail Schemes with respect to the late submission of the Annual Fund Return, the Representation Sheet and the Auditor’s Report (both related to the Annual Fund Return) for the financial year ended 31 December 2023.
- SLC 16.17 of Part BII of the Investment Services Rules for Retail Schemes with respect to the late submission of the Auditor’s Management Letter for the financial year ended 31 December 2023;
- SLC 2.12 of Appendix II to Part B of the Investment Services Rules for Retail Schemes with respect to the late submission of the Custodian’s Report for the financial year ended 31 December 2023;
- SLC 1.3 of Appendix II to Part B of the Investment Services Rules for Retail Schemes with respect to the late submission of the Auditor’s Report (related to the Annual Report) for the financial year ended 31 December 2023;
- SLC 1.3(i) of Appendix II to Part B of the Investment Services Rules for Retail Schemes with respect to the late submission of the Director’s Confirmation (related to the Annual Report) for the financial year ended 31 December 2023;
MEASURES
On 23 July 2026, the MFSA agreed to settle pending matters with the Collective Investment Scheme after demonstration of goodwill by the Collective Investment Scheme. By means of a settlement agreement entered into between the Collective Investment Scheme and the MFSA, the latter imposed an administrative penalty of three thousand and nine hundred Euro (€3,900) on the Collective Investment Scheme.
PUBLICATION
This notice is being published in terms of the Authority's Settlement Policy.
