The Maltese regulator for financial services, the Malta Financial Services Authority (MFSA), is proposing the introduction into Maltese law of a framework for Collective Investment Schemes (CIS) structured as Limited Partnerships without separate legal personality.

It is being proposed that the framework will run parallel to the currently available option of setting up a CIS structured as a Limited Partnership with separate legal personality.

The MFSA has launched a public consultation on the proposed framework, noting that while the overall structure of the Maltese regulatory framework for CISs structured as Limited Partnerships does not differ excessively from the ones of other jurisdictions; the lack of an option for it to be set up without separate legal personality appears to be a gap in the local regulatory framework. 

The proposed framework would therefore ultimately strengthen Malta’s position as a fund jurisdiction.

The consultation paper can be viewed here (link) and feedback is required by 21 March 2024