In 2016, the Malta Financial Services Authority (MFSA) undertook a consolidation of its funds regime. This effort resulted in the addition of the notified alternative investment fund (Notified AIF) to Malta’s extensive range of fund structures. A Notified AIF is unique because it enables the timely launch of an alternative investment fund as long as it meets certain conditions to be “notified” to the MFSA by the AIF’s alternative investment fund manager. Under the Notified AIF framework, the MFSA focuses on regulating the product provider – in this case, the fund manager – rather than the fund product, which is what facilitates the launch of a Notified AIF without requiring pre-authorization by the MFSA. In a guest article, Dr. Yanika Fino, an associate at GANADO Advocates, describes the requirements for forming a Notified AIF, the types of funds that are eligible to use this vehicle and some of the pros and cons associated with pursuing this structure.
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