Malta: Financial Services

Subscribe
Finance law and banking law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as capital adequacy, BASEL, acquisition finance, debt capital markets, fund finance, islamic finance, securitization and structured finance.
Article
Calling For An Open And Competitive European Crypto Market: WH Partners Responds To The MiCA Review
WH Partners presents its position on the European Commission's review of the Markets in Crypto-Assets Regulation (MiCA), advocating for proportionate rules that protect customers while enabling smaller firms to compete. The submission addresses critical questions around national supervision, stablecoin access, decentralized finance, and regulatory independence in Europe's evolving crypto market.
Malta Finance
WP
WH Partners
Article
Calling For An Open And Competitive European Crypto Market: WH Partners Responds To The MiCA Review
WH Partners responds to the European Commission's targeted consultation on the Markets in Crypto-Assets Regulation (MiCA), advocating for proportionate rules that protect customers while supporting competition and innovation. The submission addresses critical issues including fair access for smaller firms, national supervision frameworks, stablecoin regulation, and the boundaries between blockchain technology and financial services regulation.
Malta Finance
FM
Finance Malta
Article
Capital Without Compromise
Maltese family businesses often avoid public listings due to fears of losing control, but going public through the Malta Stock Exchange can strengthen governance, facilitate succession planning, and unlock capital without necessarily surrendering ownership. This analysis explores how reduced free-float requirements and strategic use of debt versus equity instruments can help family enterprises build lasting legacies while maintaining meaningful control.
Malta Finance
GA
Ganado Advocates
Article
AIFMD II Opens The Door To Loan Origination Funds In Malta
With AIFMD II now transposed into Maltese law, fund promoters, asset managers and family offices have access to new regulatory pathways for establishing loan origination and private credit vehicles in Malta. The revised framework expressly permits corporate lending by Alternative Investment Funds, while the updated NAIF regime brings loan origination within scope, opening doors to EU-wide distribution through the AIFMD marketing passport.
Malta Finance
FM
Finance Malta
Article
Crypto-Assets, Financial Institutions, Fintech, Investment Services, And Supervisory ICT Risk And Cybersecurity Circulars Overview
The Malta Financial Services Authority has issued three significant regulatory updates addressing the intersection of artificial intelligence and cybersecurity threats, streamlined investment services requirements, and the modernisation of supervisory reporting through digital frameworks. These developments reflect a strategic shift toward enhanced operational resilience, proportionate regulation, and technology-driven compliance processes.
Malta Technology
MF
MK Fintech Partners
Article
ID-DRITT XXXVI – Alternative Dispute Resolution In Financial Services: The Expanding Jurisdiction Of Malta’s Financial Services Arbiter And The Erosion Of Legal Predictability
Malta's financial services sector faces a critical juncture as recent amendments to the Arbiter for Financial Services Act expand consumer eligibility in ways that may fundamentally alter dispute resolution. The 2025 amendments introduce ambiguous criteria for determining who qualifies as an eligible customer, potentially creating legal uncertainty for financial services providers operating in Malta's competitive European hub.
Malta Commercial
GA
Ganado Advocates
Article
The Travel Rule – An Effective AML/CFT Tool Or An Expensive Data- Protection Liability?
The Travel Rule, originating from FATF Recommendation 16, has evolved from traditional wire transfers to encompass virtual asset service providers, with the EU's Transfer of Funds Regulation now in full effect. As compliance costs mount and payment infrastructures multiply, critical questions emerge about the financial burden on licensed institutions, data protection risks, and whether these regulations effectively combat money laundering and terrorist financing.
Malta Finance
MF
MK Fintech Partners
Article
Publication Of Commission Delegated Regulation Implementing Key Prospectus Reforms Under The EU Listing Act
The European Commission has published new delegated regulations amending the EU prospectus disclosure regime, introducing streamlined content requirements and standardized formats for various categories of prospectuses. These reforms, part of the broader EU Listing Act package, aim to reduce regulatory burdens for issuers while maintaining investor protection, with key changes including reduced historical financial information requirements and simplified disclosure obligations.
European Union Finance
GA
Ganado Advocates
Article
CRD VI And Cross-Border Lending: What Third-Country Credit Institutions Need To Know
The European Union's Sixth Capital Requirements Directive introduces a groundbreaking EU-wide framework requiring third-country credit institutions to establish authorised branches when providing core banking services within the EU. This new regime, effective January 2027, replaces the previous patchwork of national rules with harmonised supervisory standards, though several exemptions and transitional protections apply to existing arrangements.
Malta Finance
CP
Camilleri Preziosi Advocates
Article
MFSA Revises Regulatory Framework For CFD And Rolling Spot Forex Providers
The Malta Financial Services Authority has introduced significant amendments to its Investment Services Rules affecting firms offering contracts for difference and rolling spot forex contracts. These changes streamline authorisation requirements, align capital thresholds with EU frameworks, and recalibrate governance expectations while removing certain prescriptive obligations that have been superseded by broader European legislation.
Malta Finance
MT
Mamo TCV Advocates
Article
Malta Opens A New Runway For Aircraft Financial Leasing With MFSA’s Proposed Rulebook
Malta's aviation finance sector is poised for significant expansion as the MFSA introduces a groundbreaking consultation on new rules for aircraft financial leasing companies. The proposed Article 3B framework offers an alternative pathway for companies to enter the aircraft leasing market without full licensing requirements, while maintaining robust regulatory oversight through a notification-based system with ongoing compliance obligations.
Malta Finance
FM
Finance Malta
Article
Harmonised Regulatory Reporting Framework Ready For Introduction In 2027
The Malta Financial Services Authority and the Financial Intelligence Analysis Unit are introducing a Harmonised Regulatory Reporting Framework to eliminate overlapping data requests and reduce operational burdens for financial services companies. The new framework will standardise domestic regulatory returns and create a unified ecosystem to minimise data errors, with mandatory implementation set for January 2027.
Malta Finance
FM
Finance Malta
Video
What Fund Tokenisation Really Means For Funds And Service Providers | Andrew, Riccardo, & Stephen (Video)
Andrew Caruana Scicluna hosts Riccardo Conti of Fume and Stephen Gauci Baluci of CC Fund Services Limited to examine whether fund tokenisation delivers on its promises of liquidity and efficiency, or simply redistributes existing risks. The discussion explores how atomic settlement, fractional ownership, and smart contracts may reshape the roles of transfer agents, fund administrators, and settlement teams in daily operations.
Malta Finance
CP
Camilleri Preziosi Advocates
Article
Should The Commercial Agent Exclusion Be Treated As A Free Pass?
The commercial agent exclusion in EU payments regulation has evolved from a narrow carve-out for genuine sales intermediaries into a structure that regulators increasingly view as a means of circumventing licensing requirements. This regulatory tension, which predates PSD3, is now being directly addressed through the forthcoming Payment Services Regulation (PSR). How will these reforms reshape the landscape for payment service providers and commercial agents operating within the European Union?
Malta Finance
MF
MK Fintech Partners
See more