May a new Maltese fund use the past performance record of its sponsor or investment manager in connection with marketing its shares?
Yes. A Maltese fund may use the past performance record of its sponsor or investment manager in connection with an offer of its shares, for an indefinite period, provided the fund clearly discloses that the performance information is not that of the fund itself and includes appropriate risk warnings. Q: May a non-Maltese investment advisor engage a local Maltese custodian and administrator to be charged with day-to-day administrative duties for the fund in Malta, while the non-Maltese advisor provides investment advisory services to the fund entirely outside of Malta ? A: Yes. Non-Maltese promoters and managers may delegate authority to local administrators subject to the approval of the arrangement by the MFSC.
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