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Malta Private Securitisation Cell Company

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Summary

Malta Private Securitisation Cell Company

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country highlights

GDP GROWTH: 6.3% in 2015 STAMP DUTY: Exemption Applicable to Securitisation Vehicles TIMEZONE: Central European Time Zone (UTC+01:00) FINANCIAL SERVICES FRAMEWORK: EU and OECD Approved INDUSTRY: Fastest Growing Securitisation Jurisdiction with >100% Increase
in Vehicles over the Past Year TAX REGIME: EU and OECD Compliant BANKING SYSTEM: 10th Soundest System in the World (WEF) REGULATOR: Flexible and Approachable

benefits
  • Fast process: 3 weeks
  • Separate Patrimony for each Cell
  • Tax Neutral
  • VAT Neutral
  • No Local Presence Requierd
  • Notification Process Only
legal basis

Malta Private Securitisation Cell Companies (SCCs) are regulated by the Securitisation Cell Companies Regulations, 2014 (the “Regulations”) and the Securitisation Act, 2006 (the “Act”). Together they provide an innovative regime in the setup of securitisation transactions. The “Cell Structure” offered in Malta for Securitisation vehicles are such that allow assets and liabilities to be segregated under one legal structure.

The Act provides that no proceedings taken against the Originator under any law, including any dissolution and winding-up proceedings will have any effect on the Special Purpose Vehicle (SPV), any securitisation assets acquired or risks assumed by the SPV, as well as any cash flow or other asset of the SPV, and any payments due by the underlying debtors in connection with the securitised assets.

The Regulations lay out that the cells created under an SCC hold a separate patrimony from that of the company and of any other cell. Therefore the assets of one cell may not be used in lieu of the liabilities of another.

ELIGIBILITY
  • Securities
  • Securitised Assets
  • Legal Form
  • Offering Documents
PROCESS & TIMELINE
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