Financial Markets Act (Cap. 345)
Financial Markets Act (Cap. 345), article 155
155. (1) With effect from such date * as the Minister may by order
establish, hereinafter "the opera tive date", the Malta Stock Ex change plc
shall continue in the personality of the Malta Stock Exchange e stablished
under Part IV of the Financial Markets Act prior to the repeal of such Part
by this Act; and subject to the e xclusion of the property descr ibed in sub-
article (3), the Malta Stock Exchange plc shall accordingly suc ceed to all
its assets, rights, liabilities and obligations, including the recognition order
issued to the Malta Stock Exchange in terms of Part II of the F inancial
Markets Act, which, unless speci fically cancelled or repealed, shall remain
in force until the operative date.
(2) With effect from the operative date:
(a) the competent authority shall issue in favour of the Malta
Stock Exchange plc an authorisation in terms of Part II of the
Financial Markets Act. Upon the issue of such authorisation,
the recognition order referred to in sub-article (1) shall
automatically lapse;
(b) the Malta Stock Exchange plc shall be deemed to have
satisfied the requirements of Part IV of the Financial
Markets Act and the competent authority shall issue an
authorisation in its favour with effect from such date.
(3) All authorisations, decision s, licenses, warrants, approvals ,
notices and other acts or commitm ents made or taken by the Malt a Stock
Exchange, including any membership or admission to the official list and
any other recognised list and an y Council Notice or bye-laws, a s well as
agreements, contracts of employm ent and relative staff appointm ents and
conditions, shall as from the operative date be deemed to have been made
or taken and assumed by the Malta Stock Exchange plc, and shall , unless
specifically cancelled or repealed , remain in force accordingly , with such
modifications and adaptations as are strictly necessary to impl ement fully
and correctly the succession and devolution of the business and the rights
and obligations as aforesaid of the Malta Stock Exchange to and in favour
of the Malta Stock Exchange plc in terms of this Part.
(4) The immovable property and rig hts relating thereto as descri bed in
the Schedule to this Part shall d evolve to the Land Department or another
entity whose shares are wholly owned by Government which shall within
one month from the operative date cause a declaratory public de ed to be
published containing a detailed description of the allocation a nd the
devolution in its favour of and of its succession to the immova ble property
and rights relating thereto which prior to the operative date w ere vested in
*1st November, 2007 - see Legal Notice 319 of 2007 .
FINANCIAL MARKETS [CAP. 345. 87
the Malta Stock Exchange, subject to the provisions of this Par t, and a note
thereon shall be duly enrolled a t the Public Registry and the L and Registry,
as the case may be.
(5) The succession, as from the operative date, of the assets, r ights,
liabilities and obligations in favour of Malta Stock Exchange p lc and the
Land Department or another entity whose shares are wholly owned by
Government, as the case may be, described in this Part, shall b e valid and
effective even as regards third parties by operation of law wit hout the need
for any other formality, other than the public deed and notes r equired under
this article, and shall be exempt from the payment of income ta x, duty on
documents and other fiscal charges, notwithstanding any other p rovision of
law.
(6) Unless the context otherwise requires, any reference in any law to
the Malta Stock Exchange shall after the operative date be deem ed to be a
reference to the Malta Stock Exc hange plc; and any reference to the
Council, a member of the Council or any officer or employee of the Malta
Stock Exchange shall after the o perative date be deemed to be a reference
to the Board of Directors, a director of the company and to off icers or
employees of the comp any, respectively.
Amended by:
XXVII.2017.82
SCHEDULE
(Article 155)
The immovable property devolving in favour of the MSE (Holdings )
Limited consisting of offices and premises known as the "Malta Stock
Exchange" or " Bor\a ta’ Malta ", with all the buildings and improvements
thereon, including all rights a nd appurtenances relating theret o, formerly
known as the "Post Office Centra l Mailing Room", formerly also known as
the "Barrakka Garrison Church", s ituated at Castille Place, Val letta,
without an official number, toge ther with its surrounding garde n,
measuring approximately one thousand one hundred and thirty squ are
metres (1130m 2) and is bounded altogether on the North-East and the
North-West by Castille Place and the South-East by the Upper Ba rrakka
Gardens, as better described in the emphyteutical lease between the Malta
Stock Exchange and the Lands Authority acting on behalf of the
Government of Malta, signed on the 11 December 2007 in the acts of
Vincent Miceli, Notary Public in Malta at the Lands Department.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.