Insights

FinTech

ESMA Supports MFSA’s MiCA Approach

On the 10th of July 2025, the European Securities and Markets Authority (ESMA) published the results of its first peer review of a Crypto-Asset Service Provider (CASP) authorisation under the Markets in Crypto-Assets Regulation (MiCA). The review, focused on Malta, marks an important milestone in the EU’s transition to a harmonised regulatory framework for crypto-assets. The review can be accessed on this link. Malta, which had already established a structured national framework through its Virtual Financial Assets (VFA) regime in 2018, was among the first jurisdictions to operationalise MiCA. The peer review confirms that the Malta Financial Services Authority (MFSA)…

Mamo TCV Advocates10th July 2025

DORA Telecoms, Media & Technology

Threat-Led Penetration Testing Regulatory Technical Standards under DORA Take Effect

As of today, 8 July 2025, the Regulatory Technical Standards (RTS) on Threat-Led Penetration Testing (TLPT) are now effective, including in Malta, following their publication in the Official Journal on 18 June 2025. These RTS supplement Article 26 of the Digital Operational Resilience Act (‘DORA’) and lay down a framework for the execution of TLPT. The RTS specify the criteria used for identifying the financial entities which are required to perform threat-led penetration tests and lay down organisational arrangements for financial entities. The RTS also include provisions on risk management and specify criteria for engaging TLPT providers. Moreover, the RTS…

Mamo TCV Advocates8th July 2025

Capital Markets

Public Consultation on the Revised Free Float Requirements for Regulated Markets

On the 16th of June 2025, the Malta Financial Services Authority (“MFSA”) published a consultation document proposing significant changes to the minimum free float requirement (also referred to as the “Public Float”) for admission to trading on a regulated market in Malta (hereinafter referred to as the “Consultation Document”). The proposals follow the recent adoption of the EU Listing Act Package (Listing Act) published in the Official Journal of the European Union on the 14th of November 2024, which includes the Listing Regulation (Regulation (EU) 2024/2809), the Listing Directive (Directive (EU) 2024/2811) and a new Directive on multiple vote share…

Mamo TCV Advocates7th July 2025

Banking & Finance FinTech

Payments Insights #5 – When CASPs Overlap PSPs

The EU’s Markets in Crypto-Assets Regulation (MiCA) provides in Article 70(4) that a crypto-asset service provider (CASP) offering payment services related to its crypto activities must either obtain a payment institution authorisation itself or partner with an authorised payment service provider (PSP) under PSD2. This reflects the “dual nature” of certain crypto-assets: notably, MiCA classifies e-money tokens (i.e. stablecoins) as electronic money, meaning they are not only crypto-assets under MiCA but also “funds” under the Second Payment Services Directive (PSD2). In practice, this dual status raised uncertainty about whether CASPs dealing in stablecoins need a separate PSD2 licence in addition…

Katya Tua and Mario Mizzi4th July 2025

DORA Intellectual Property Telecoms, Media & Technology

DORA ICT Subcontracting RTS Published

Following the European Commission’s earlier rejection, the Regulatory Technical Standards (RTS) on ICT Subcontracting have been published in the EU Official Journal on 2 July 2025. The RTS will enter into force 20 days after publication, which means that they will come into effect on 22 July 2025. Financial entities and ICT providers must ensure to update their contractual arrangements to fulfil the conditions set out in the RTS to ensure compliance by 22 July 2025. To receive updates on this important development and related news please visit our website and consider subscribing to our newsletter. This document does not purport…

Mamo TCV Advocates3rd July 2025

Corporate and M&A

The Companies (Amendment) Bill, 2025, Part 2: Key Amendments Affecting Limited Liability Companies

On the 18th June 2025, Bill no. 136, the Companies (Amendment) Bill (the “Bill”), was presented to Parliament by the Minister for the Economy, Enterprise and Strategic Projects for its first reading and was published in the Government Gazette on the 24th June 2025. The Bill proposes a number of amendments to the Companies Act (Chapter 386 of the laws of Malta) (the “Act”). This article is the second of a two-part series which provides an overview the main amendments to the Act relating to limited liability companies. The first part of this series may be accessed here. Changes relating…

Nicole Portelli2nd July 2025