Financial Services Regulatory & Fintech

Practice Area Overview

Malta’s development as an international financial services domicile has been driven by a robust regulatory framework and a strong willingness to engage with innovation. Investment funds, investment services providers, electronic money institutions and crypto-asset businesses alike look to the jurisdiction for regulatory certainty, efficient licensing and access to the wider European market.

Our multidisciplinary Financial Services Regulatory & Fintech team brings together experienced professionals from finance, technology, corporate and regulatory backgrounds, with extensive knowledge of both local and EU regulations. We advise clients throughout the regulatory lifecycle, from structuring and licensing with the Malta Financial Services Authority (MFSA), through passporting, to ongoing regulatory compliance. Our clients include fund managers, investment firms, international banking groups, payment and electronic money institutions, crypto-asset service providers and fintech start-ups.

Our experience includes the structuring and licensing of collective investment schemes, including UCITS, alternative investment funds (AIFs), professional investor funds (PIFs), notified alternative investment funds (NAIFs) and notified professional investor funds (NPIFs). In the digital finance sector, we advise on crypto-assets, digital payment services, electronic money and tokenisation, including regulatory requirements under the Markets in Crypto-Assets Regulation (MiCA).

We also assist clients in establishing and maintaining effective compliance frameworks, including policies and procedures tailored to their regulatory obligations.

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Scope of Services

Investment Funds & Asset Management

Structuring and licensing of collective investment schemes, including UCITS, AIFs and PIFs, and the notification of NAIFs and NPIFs.
Assistance with the passporting and redomiciliation of collective investment schemes and fund managers.
Drafting and review of offering documents, constitutional documents, terms and conditions, and agreements with third-party service providers.

Fintech, Payments & Digital Assets

Licensing of electronic money institutions and payment service providers, including passporting of services across the EU.
Regulatory advice on establishing crypto-asset businesses, authorisation under the MiCA framework and related ongoing obligations.
Support with MFSA authorisation processes, including applications to the FinTech Regulatory Sandbox.
Advice on digital payment services, electronic money and tokenisation.

Regulatory Compliance & Advisory

Acting as Compliance Officer for entities licensed under the Investment Services Act (Chapter 370 of the Laws of Malta).
Drafting compliance plans and regulatory deliverables, and conducting annual compliance checks.
Advice on financial crime and anti-money laundering compliance.
Drafting privacy policies and advising on general data protection compliance.
Providing bespoke regulatory training for the staff of regulated entities, including on digital finance.

Key Contacts

Katya Tua

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“Mamo TCV Advocates‘ fintech offering comprises specialists with financial services, banking, corporate and intellectual property expertise. The firm is equally adept at assisting with regulatory and transactional issues, and is thus instructed by clients from a range of major industry sectors, including leading local banks, pharmaceutical companies, domestic telecoms service providers, and multi-national software corporations. Katya Tua heads up the practice.”
The Legal 5002022

“The team at Mamo TCV Advocates offers advisory and transactional services to a range of clients from banks to telecoms providers to software companies. It has assisted clients in setting up a VFA exchange and advised on obtaining a license under the new virtual financial asset framework. The team is led by Katya Tua, who is experienced in investment services.”
The Legal 5002021

“What the team is known for A respected Maltese firm, Mamo TCV has developed an able and integrated FinTech practice assisting traditional financial institutions with the digital development of their businesses. The team is depended upon by a number of banks for advice in relation to data protection, IT outsourcing and IP matters, and by various FinTech entities in obtaining Malta's Virtual Financial Assets licence.”
Chambers Fintech2021

“They did not shy away from guiding us and enabling us in a very diplomatic manner with strong combined expertise.”
Chambers Fintech2021

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