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ARTICLE · 03 NOVEMBER 2014

The SICAV Structure Under Maltese Legislation

MFSA – Malta Financial Services Authority
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The SICAV is a dedicated investment company whose flexibility renders it equally suitable for setting up as an AIF, a UCITS or a PIF.

MaltaFinance and Banking
Petra Attard Montalto
Petra Attard Montalto
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1. Introduction

The SICAV is Malta's most widely used form of investment vehicle. Established under the Companies Act (the "Act"), the SICAV is a dedicated investment company whose flexibility renders it equally suitable for setting up as an AIF, a UCITS or a PIF.

2. Establishment of a SICAV

In order to validly constitute a SICAV, a memorandum of association must be entered into and subscribed by at least two persons and registered with the Registrar of Companies (the "Registrar") who, on approval of the company's name and on verification of all other legal requirements, will issue a certificate of registration.1 The prerequisites and process of registration are generally the same as those pertaining to other forms of company, including such requirements as the establishment of a registered office in Malta. However, due to the innate variability of a SICAV's share capital, it is not possible for the memorandum and articles ("M&As") of a SICAV to state the amount

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