van Cutsem Wittamer Marnef & Partners​ LEADING GLOBAL NETWORK MACKRELL INTERNATIONAL IN CHAMBERS GUIDE AS FOR EIGHTH YEAR RUNNING.

Insights

Amendments brought about by AIFMD II

Directive (EU) 2024/927, more commonly referred to as AIFMD II, amends the Alternative Investment Fund Managers Directive (“AIFMD”) with respect to the harmonisation of rules applicable to alternative investment fund managers (“AIFMs”) man

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Tokenisation of Fund Units – MFSA Position Paper

The Malta Financial Services Authority (“MFSA”) has issued a position paper setting out its stance on the tokenisation of fund units within Collective Investment Schemes (“CIS”). This initiative aligns with the EU’s broader efforts to re

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Key Takeaways from the Financial Horizons 2025 Conference

We would like to extend our sincere thanks to Swissquote, Integra Private Wealth Management, and Invesco for inviting our team to the Financial Horizons 2025 conference. It was a privilege to attend this insightful event, where we gained valuable

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Notified Alternative Investment Fund structure in Malta

One of the more recent developments in the world of alternative investment is the Notified Alternative Investment Funds (“NAIF”). NAIFS are a type of collective investment scheme exempt from licencing, provided they are included in the Malta F

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ELTIF 2 Published on the Official Journal of the EU

On 20th March 2023, the amendments to Regulation 2015/760 on European Long-Term Investment Funds (“ELTIF 2”) was published on the Official Journal of the European Union (“EU”). This development comes after negotiations, proposals, and voti

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Revised Application Forms for AIFs and UCITs

The Malta Financial Services Authority (“MFSA”) has revised the application forms for applicants seeking authorisation as Alternative Investment Funds (“AIFs”) and Undertakings for Collective Investment in Transferable Securities (“UCITS

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The Regulation of Crypto Funds in Malta

A crypto fund can be defined as a collective investment scheme managing a portfolio consisting mainly of cryptocurrencies. These types of funds are on the rise, mainly due to the rapid growth in value of several cryptocurrencies. The development o

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Alternative Investment Funds investing in Cryptocurrencies

Alternative Investment Funds (“AIFs”) are established with the purpose to raise capital through non-traditional investment products which generally do not fall under the category of mainstream investments. In this respect, certain AIFs have al

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Revisions to the Loan Funds Regime

On the 10th November 2020, the Malta Financial Services Authority (the “MFSA”) issued a circular informing the industry on the revisions made to the Loan Funds Rules, that shall apply as from the date of the issued circular. The new rules shal

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Record keeping obligations imposed on licence holders

By means of a notice issued by the Malta Financial Services Authority (the “MFSA”) on the 15th July 2020, the MFSA reminded all licence holders of their obligations in relation to record keeping. In order to ensure consumer protection, complia

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Amendments to the Investment Services Rules

On the 3 July 2020, the Malta Financial Services Authority (the “MFSA”) notified firms classifying as MiFID firms, Fund Managers and Collective Investment Schemes  (the “Licence Holders“) that various amendments had been carried o

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The EU Benchmarks Regulation

The MFSA has recently issued two Circulars in relation to Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the perfo

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PIFs investing in Virtual Currencies are now regulated

Professional Investor Funds (“PIFs”) investing in Virtual Currencies (“VCs”) are now regulated through the supplementary conditions applicable to such schemes. The additional provisions found in the new section, which is applicable to PIFs

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NAIF Consultation Document on the Proposed Amendments

The Malta Financial Services Authority (the “MFSA”) has recently published a Consultation document on the Proposed Amendments to the Notified Investment Funds Regime (NAIFs). Proposed Changes The proposed changes seek to allow the possibility

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Details of the Notified AIF Regime

Introduction Externally managed funds in Malta, and in other European jurisdictions, are effectively regulated both at fund management level and at fund level. Following the introduction of the Alternative Investment Fund Managers Directive (“AI

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Notified AIFs

Today the MFSA has announced the launch of a new product, the Notified AIFs, promoted to either qualifying or professional investors. Notified AIFs, as long as they are managed by an AIFM, are not authorised or licensed by the MFSA and will not be

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Publication of the UCITS V Directive

The UCITS V Directive was published in the European Union’s Official Journal on the 28th August 2014. The Directive, amending Directive 2009/65/EC on the coordination of laws, regulations and administrative provisions relating to undertakings fo

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