Joint MFSA and MBR Communication on Avoiding Name Similarities between SLPFs and Incorporated Companies

Circular Triq l-Imdina, Zone 1 Central Business District, Birkirkara CBD 1010 +356 2144 1155 communications@mfsa.mt www.mfsa.mt Joint MFSA and MBR Communication on Avoiding Name Similarities between SLPFs and Incorporated Companies Reference to the Malta Financial Services Authority’s (MFSA) Circular, of the 12 February 2025, launching a framework for Collective Investment Schemes structured as Limited Partnerships without separate legal personality – Special Limited Partnership Funds (SLPFs). As outlined in Section 6 of the said Circular, the SLPF framework is fully administered by the MFSA, which is responsible for both the approval of the Limited Partnership Agreement (LPA) establishing the SLPF and the Scheme’s authorisation under the applicable regulatory framework. Section 5 of the same Circular encouraged interested parties to ensure that the proposed name of an SLPF is not identical or too similar to the name of any existing commercial partnership registered with the Malta Business Registry (MBR), in line with Regulation 6 of the Investment Services Act (Special Limited Partnership Funds) Regulations. In this regard, the MFSA and the MBR would like to further emphasise that it is considered undesirable to apply for the incorporation of a company by a name that: i. is already in use by an SLPF listed in the MFSA’s Financial Services Register; or ii. includes the phrase or abbreviation “Special Limited Partnership Fund”, “SLPF”, or “S.L.P.F.”, or any similar wording that, in the MBR’s opinion may give rise to confusion. Stakeholders are advised that whilst the acceptability of a company name will be assessed on a case-by-case basis, the MBR reserves the right to refuse the registration of companies by a name which is considered to be undesirable, pursuant to Article 70(4)(b) of the Companies Act. Further to the above, stakeholders are reminded that all authorised SLPFs will be listed in the MFSA’s Financial Services Register, which is accessible through this link. For further information or clarification, stakeholders may contact the MFSA’s Strategy, Policy and Innovation function at assetmanagementstrategy@mfsa.mt. Queries to the MBR can be directed to namereservation@mbr.mt. 28 May 2025