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Investment Services & Funds

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European Parliament adopts the 5th Anti-Money Laundering Directive Investment Services & Funds

European Parliament adopts the 5th Anti-Money Laundering Directive

Barely a year following the implementation of the 4th Anti-Money Laundering Directive, the European Parliament has adopted a new directive which aims to add further layers to the European anti-money laundering framework. The 5th Anti-Money Laundering Directive ("5AMLD") was adopted on the 19th of April 2018, and should be fully implemented into national law by the various Member States from eighteen months to the date in which it is published in the Official Journal. The 5AMLD contains several key amendments to the existing directives, mainly:1. Register of Beneficial OwnersThe 4th Anti-Money Laundering Directive brought about the obligation for EU Member…
Luke Mizzi
24th April 2018
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MFSA launches Supplementary Licence Conditions applicable to Professional Investor Funds investing in Virtual Currencies. Investment Services & Funds

MFSA launches Supplementary Licence Conditions applicable to Professional Investor Funds investing in Virtual Currencies.

After the Malta Financial Services Authority's ("MFSA") consultation process on the Regulation of Collective Investment Schemes Investing in Virtual Currencies and the subsequent feedback statement issued on such matter, the MFSA has published Supplementary Conditions applicable to Professional Investor Funds ('PIFs') investing in Virtual Currencies ('VCs'). Coupled with the recent discussion paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers, it is clear that the MFSA is seeking to create a strong regulatory framework and ensure high levels of investor protection and market integrity in the ever-expanding digital economy. The supplementary license conditions have introduced new requirements targeted…
Luke Mizzi
30th January 2018
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The Malta Financial Services Authority launches a Discussion Paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers Investment Services & Funds

The Malta Financial Services Authority launches a Discussion Paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers

Following the publication of the European Securities and Markets Authority's statements highlighting the risks posed by Initial Coin Offerings ("ICOs") to investors and investment firms, the Malta Financial Services Authority (the "MFSA"), Malta's single regulator for the financial services industry, has issued a highly awaited discussion paper outlining the local regulatory approach to be taken in connection with ICOs, virtual currencies and market participants operating within the sector.The launch of the discussion paper brings Malta one step closer to the implementation of a framework which would lay to rest the regulatory limbo characterising the field to date and in turn…
Luigi Farrugia
4th December 2017
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The Malta Financial Services Authority launches a Consultation Document aimed at regulating Collective Investment Schemes investing in Virtual Currencies Investment Services & Funds

The Malta Financial Services Authority launches a Consultation Document aimed at regulating Collective Investment Schemes investing in Virtual Currencies

The Malta Financial Services Authority (the "MFSA"), Malta's single regulator for the financial services industry, has published a consultation document through which it has formally kick-started the process for the regulation of collective investment schemes having as their investment objective the investment in virtual currencies.The launch of the consultation document foreshadows the regulatory approach to be adopted by the MFSA in relation to this specific faction of the digital economy, and, simultaneously, offers market participants the potential to design a platform tailor made for certain categories of investors willing to invest in virtual currencies.In terms of the draft rulebook issued…
Katya Tua
17th November 2017
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Mamo TCV Advocates assist with the first transformation of a SICAV to an incorporated cell under a RICC in Malta Investment Services & Funds

Mamo TCV Advocates assist with the first transformation of a SICAV to an incorporated cell under a RICC in Malta

Mamo TCV Advocates recently assisted clients with the first transformation in Malta of an Investment Company with Variable Share Capital ("SICAV") to an incorporated cell ("IC") under a Recognised Incorporated Cell Company ("RICC"). This transformation was effected using the provisions of the Companies Act (Recognised Incorporated Cell Companies) Regulations (Subsidiary Legislation 386.15 of the Laws of Malta). The SICAV IC is also licensed by the Malta Financial Services Authority ("MFSA") as an alternative investment fund ("AIF") under the Alternative Investment Fund Managers Directive (Directive 2011/61/EU of the European Parliament and of the Council of the 8th June 2011).The Investment Services…
Nicholas Micallef
21st April 2017
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The Maltese Professional Investor Fund Regime Investment Services & Funds

The Maltese Professional Investor Fund Regime

Under Maltese law, collective investment schemes that qualify as Professional Investor Funds ("PIFs") are subject to a significantly lighter and more flexible regime than retail funds. Hedge funds, funds of funds, private equity funds, and property funds, are typically set up as a PIF, in Malta. The Investment Services Rules for Professional Investor Funds, issued by the Malta Financial Services Authority ("MFSA") cater for a regulatory framework that is both robust and adaptable, allowing managers and promoters to innovate and to develop new products to meet the changing needs of the market. Changes to the Investor Base On 1 April…
Katya Tua
21st March 2017