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MFSA Clarifies MiCA Application Process FinTech

MFSA Clarifies MiCA Application Process

On the 10th of December 2024, the Malta Financial Services Authority (“MFSA”), published a circular titled ‘Circular to the Industry on the Authorisation Process for MiCA Applicants’. The purpose of this circular is to provide clarity on the application process in Malta under Regulation (EU) 2023/1114 of the European Parliament and Council on markets in Crypto-Assets (“MiCA Regulation”). The MiCA Regulation was integrated into Maltese law through Chapter 647 of the Laws of Malta, titled the Markets in Crypto-Assets Act (hereinafter referred to as “MiCA Act”). As outlined previously, the MiCA Act provides transitory provisions for the eventual repeal of the Virtual Financial Assets…
Mamo TCV Advocates
11th December 2024
Scene in Valletta
Family Offices Get Maltese Investment Law Exemption Investment Services & Funds

Family Offices Get Maltese Investment Law Exemption

Family offices which choose to manage their global investments from Malta have been given a new legal exemption through a recent amendment in the applicable investment services rulebook of the Malta Financial Services Authority (“MFSA”). On the  27th of November 2024, the MFSA issued a circular titled “Establishment of Single Family Offices in Malta”. The circular provides that a Notified Professional Investor Fund (“NPIF”) which is set up to solely manage the investment of a single family office (without raising external capital) does not require a licensed fund manager anymore. This is a beneficial exemption which reduces cost and bureaucracy…
Katya Tua and Mario Mizzi
28th November 2024
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
On 14th March, the MFSA published “A Guidance for Money Laundering Reporting Officers in the Financial Services Sector”, to be read in conjunction with previous guidelines issued in relation to the MLRO function.
MFSA publishes a Guidance for MLROs in the Financial Services Sector Corporate and M&ARegulatory Compliance

MFSA publishes a Guidance for MLROs in the Financial Services Sector

The Malta Financial Services Authority (the “MFSA”) has published a guidance note entitled: “A Guidance for Money Laundering Reporting Officers in the Financial Services Sector” (the “Guidance”) which considers the functions of the Money Laundering Reporting Officer (the “MLRO”). The MFSA stipulates that this Guidance is to be referred to whenever licence holders establish, implement, and sustain their Financial Crime Compliance Framework. This Guidance is intended to be applied in relation to the function of the MLRO even where the responsibilities for AML/CFT compliance management are vested with another official (to the extent applicable). Applicability of the Guidance The Guidance…
Sarah Zerafa Lewis and Zachary Galea
20th March 2024
MFSA Publishes New Publication Policy, Alongside Feedback Statement Legal UpdatesRegulatory Compliance

MFSA Publishes New Publication Policy, Alongside Feedback Statement

On the 1st of December 2022, the MFSA published a Consultation Document on the New Publication Policy regarding Administrative Measures and Penalties thereby commencing a consultation period which closed on the 15th of January 2023. A subsequent Feedback Document containing the new Publication Policy was issued on the 16th of June 2023 (hereinafter referred to as the ‘Publication Policy’), following feedback received from the market. The Policy is applicable as of the 1st of June 2023 to all administrative measures imposed by the MFSA. By way of background, the Malta Financial Services Act (hereinafter referred to as the ‘MFSA Act’)…
Mamo TCV Advocates
13th July 2023
Legal Update
Corporate Legal Update for the Months of April and May 2023 Corporate and M&ALegal Updates

Corporate Legal Update for the Months of April and May 2023

On the 21st of April, Bill number 53 entitled the Arbiter for Financial Services (Amendment) Act (Chapter 555 of the Laws of Malta) was published among the Government Notices in the Supplement to the Government Gazette. This Bill has reached First Reading stage in Parliament and aims to amend the definitions of “customer” and “eligible customer” so as to enable consumer associations to file complaints before the Arbiter for Financial Services and to bring the Act in line with the provisions of Directive (EU) 2016/97. A subsequent Bill numbered 54 and entitled the Representative Actions (Consumers) Act was published in…
Mamo TCV Advocates
22nd June 2023