Malta has been a forerunner in regulating digital assets with the introduction of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (the “VFA Act”) back in 2018. Following its approval in 2022 and publication in 2023, Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) has an 18-month window to become fully enforceable by 30th December 2024. However, MiCAR’s Title III and Title IV on issuing and regulating stablecoins will be applicable from 30th June 2024 according to Article 149 MiCAR. Rules on crypto-asset service providers in Title V of MiCAR…
The ‘Digital Operational Resilience Act’ or “DORA” (Regulation (EU) 2022/2554) shall be enhancing and improving Information and Communications Technology (‘ICT’) operational risk requirements across various financial sectors. Subsequently, it imposes obligations on a vast array of different financial entities, as well as certain ICT service providers that assist such financial entities. These financial entities include the following: Credit institutions Account information service providers Investment firms Alternative Investment Fund Managers Crypto-asset service providers Payment institutions Central securities depositories Credit rating agencies Data reporting service providers Insurance and reinsurance undertakings Insurance intermediaries Crowdfunding service providers Mamo TCV Advocates can provide assistance by…
On the 24th of April 2024 the European Parliament (hereunder the ‘EP’) adopted the Proposal for the amendments to the Directive 2014/49/EU as regards the scope of deposit protection, use of deposit guarantee schemes funds, cross-border cooperation and transparency (the Directive hereunder referred to as the ‘DGSD’). The EP adopted the proposal with additional amendments to be assessed in line with the applicable European legislative process and, hence, the text is not final. These amendments are part of the proposed European package amending the framework on banks’ crisis management . One of the concepts considered under the DGSD is that…
