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ESMA

St James Cavalier Web Dome
DORA is Now in Force: What’s Next? DORAFinTechTelecoms, Media & Technology

DORA is Now in Force: What’s Next?

Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector (“DORA” or the “Act”) became enforceable as of 17th January 2025. DORA Resources As highlighted in various DORA insights by our Firm over the last few months (including a very useful overview of DORA itself), DORA represents a significant milestone in aligning the financial services sector with the EU’s digital finance strategy, offering a regulatory framework for operational resilience and ICT risk management. Designed to bolster operational resilience against increasingly sophisticated cyber threats, DORA ushers in a new era…
Mario Mizzi and Warren Ciantar
17th January 2025
Fintech Insights 9
Fintech Insights #9 –
Tokenisation in Malta FinTech

Fintech Insights #9 –
Tokenisation in Malta

Tokenisation is the process of converting legal rights of a real-world-asset (“RWA”) into a digital token that is recorded on a decentralised ledger. Asset-referenced tokens (“ARTs”) can tokenise physical assets such as buildings and commodities; or intangible assets including bonds, equities, intellectual property, quarrying/mining rights or renewable energy credits. ARTs provide a decentralised and transparent way to manage and transfer ownership. The process often involves the use of smart contracts, which automate and enforce the terms of agreements, enhancing efficiency and reducing counterparty risks.  Unlike derivative products, RWA-backed tokens which are licensed as ARTs confer an immutable legal title of…
Mario Mizzi
9th January 2025
Furthering MiCAR in Malta by Chapter 647
Fintech Insights #8 –
Furthering MiCAR in Malta by Chapter 647 FinTech

Fintech Insights #8 –
Furthering MiCAR in Malta by Chapter 647

Chapter 647 of the Laws of Malta, titled the Markets In Crypto-Assets Act (hereinafter referred to as “Chapter 647”), integrates all aspects of Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”). MiCAR regulates the issuers of asset-referenced tokens (“ARTs”), electronic money tokens (“EMTs”), other types of tokens, as well as the conduct of crypto asset service providers (“CASPs”). Malta’s presidential assent to Chapter 647 was given on the 5th of November 2024 through  Act No. XXXVI of 2024 (“Act 36 (2024)”); and it was promulgated on the same day. Similar to MiCAR, Act 36…
Mario Mizzi
12th November 2024
EU AI Act series
AI in Investment Services: MIFID Considerations Investment Services & Funds

AI in Investment Services: MIFID Considerations

This article is part of our EU AI Act series which explores the effect of the AI Act across various industries and sectors.  Investment legislation can be split into two broad categories: investment funds and investment services. The former principally relates to UCITS, AIFMD and local laws which regulate asset management and their service providers. The latter relates to regulating financial instruments and the investment markets thereof. The interplay of AI with investment funds was discussed by our Firm in a series of six insights last year titled “AI and Funds” which can be read here.  Hence, in this article in the ongoing…
Warren Ciantar and Mario Mizzi
25th October 2024
Key representing digital resilience
Status of DORA Regulatory Technical Standards (“RTS”) DORAFinTechTelecoms, Media & Technology

Status of DORA Regulatory Technical Standards (“RTS”)

Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector ( “DORA”) establishes the EU legislative framework for enhancing digital resilience within the EU’s financial industry. Enforcement commences on 17th January 2025 and the EU Commission is tasked with issuing Regulatory Technical Standards (“RTS”) which supplement DORA. The EU Commission publishes the RTS in the Official Journal as Commission Delegated Regulations, but they are largely based on the input of the European Supervisory Authorities (“ESA”) which comprise of ESMA, EBA and EIOPA. The draft RTS submitted to the European…
Mario Mizzi and Nicole Bonett
17th September 2024
View of Valletta
ESMA TRV Report on Real Estate Investment Funds Investment Services & Funds

ESMA TRV Report on Real Estate Investment Funds

The current exposure in the EU investment fund sector to the risks in real estate markets has been the subject of a recent publication, dated 10th January 2024, which was issued by the European Securities and Markets Authority (“ESMA”) as part of its ongoing Trends, Risks and Vulnerabilities (“TRV”) risk analysis. The publication, entitled ‘ESMA TRV Report in real estate markets – Risk exposures in EU securities markets and investment funds’ (“TRV report”), provides data which shows that securities linked to real estate are increasingly utilised as collateral. Moreover, ESMA outlines in page three of the TRV report that there…
Mario Mizzi
10th January 2024