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

Insights

Regulatory Touchpoints for Single Family Offices in Malta

One of Malta’s principal advantages is its proportionate regulatory approach to Single Family Offices (“SFOs”). However, families and their advisers must clearly understand where regulatory obligations arise and where exemptions may apply. T

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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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Understanding Data Reporting Services Providers

A Data Reporting Services Provider (“DRSP”) is a specialised entity that plays a pivotal role in promoting transparency, integrity, and efficiency in financial markets. Introduced under the Markets in Financial Instruments Directive (“MiFID

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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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The EBA Issues New ‘Travel Rule Guidelines’

Introduction The Financial Intelligence Analysis Unit (the “FIAU“) has announced that the European Banking Authority (the “EBA“) has issued new Guidelines on the ‘travel rule’ under the revised Transfer of Funds

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Publication of EMIR REFIT Technical Standards

On the 7th October 2022, the European Parliament and Council approved a set of technical standards emerging from the Regulation (EU) 2019/834 of the European Parliament and of the Council of 20 May 2019 (“EMIR REFIT”). These technical standard

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ESMA Updates its Q&As

On the 23rd September 2022, the European Securities and Markets Authority (“ESMA”) has updated its Questions and Answers (“Q&As”) on the following: The Q&As on the European Crowdfunding Service Providers for Business Regulations, w

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ESMA Guidelines on MiFID II Suitability Requirements

On the 6th October 2022, the Malta Financial Services Authority (“MFSA”) issued a circular on the European Securities and Markets Authority’s (“ESMA”) final Report on the Guidelines on MiFID II Suitability Requirements (“the Report”)

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ESMA’s Final Report on Clearing Thresholds

On the 3rd October 2022, the Malta Financial Services Authority (“MFSA”) issued a circular addressed to those market participants which enter into derivative contracts falling within the scope of Regulation No. 648/2012, the European Market In

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Public Registry kept by ESMA relating to EMIR

On the 6th September 2022, the Malta Financial Services Authority (“MFSA”) issued a circular on Article 6 of the European Market Infrastructure Regulation (“EMIR”) which states the following: “ESMA shall establish, maintain and keep up t

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MFSA Report on SFDR Compliance

The Malta Financial Services Authority (“MFSA”) Report on Operational and Compliance Readiness by Financial Market Participants and Financial Advisers (the “Report”) has been issued following the MFSA’s first supervision exercise into th

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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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What is Product Governance?

The notion behind product governance stems from the fact that investment firms which manufacture and distribute financial instruments known as products, shall act in the best interests of their investors at all stages of a product’s development

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MiFID II suitability areas requiring improvement

The European Securities and Markets Authority (“ESMA”) published the results of the 2020 Common Supervisory Action (“CSA”) on MiFID II suitability requirements noting inter alia, that on the whole, firms do comply with the essential elemen

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Updated Rulebook for Maltese Investment Firms

On the 5th August 2021, the Malta Financial Services Authority (“MFSA“) issued a Circular reminding relevant entities that the Investment Firms Regulation and Directive (the “IFRD Package“) came into force on the 26th June

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Changes to the Appendix 2B Fund Manager Return

On the 21st July 2021, the Malta Financial Services Authority (“MFSA”) issued a circular regarding the changes to Appendix 2B Fund Manager Return, triggered by the Investment Firms Regulation and Directive (“IFRD”). The purpose of the circ

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Common Supervisory Action on Product Governance Rules

The Conduct Supervision Function within the Malta Financial Services Authority is currently conducting a number of focused on-site inspections at investment firms to assess the application of product governance rules adopted by the selected firms.

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ESMA – Public Statement on Reverse Solicitation

On the 13th January 2021, the European Securities and Markets Authority (“ESMA”) issued a public statement reminding firms falling under MiFID II on the requirements applicable to the provision of investment services to retail or professional

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Germany’s Legislation on Electronic Securities

On the 16th December 2020, the German cabinet passed a draft legislation intended to allow the possibility for shares to be issued and registered in an electronic manner. This move has been applauded by stakeholders as it follows the German govern

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Investment Firms Regulation Package

On the 10th December 2020, the Malta Financial Services Authority (“MFSA”) issued a circular as the 1st briefing to the industry on the impending implementation of the Investment Firms Regulation (“IFR”) package. The package consists of th

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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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ESMA’s Report on the Market Abuse Regulation

On the 24th September 2020 the European Securities and Markets Authority (“ESMA”) published a report containing its review on the appropriateness of the Market Abuse Regulation (“MAR”). The report has concluded that, in general the MAR has

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Additions to the Collective Investment Schemes Rules

On the 25th August 2020, the Malta Financial Services Authority (“MFSA”) issued a circular on the updates made to the Investment Services Rules (the “Rules”) applicable to Collective Investment Schemes. The Rules have been updated by addin

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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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Circular on Internalised Settlement Reporting Obligations

The Regulation (EU) No. 909/2014 on improving securities settlement in the European Union and on central securities depositories (the “CSDR”) plays a pivotal role for the harmonisation of the settlement of financial instruments in the European

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Market Abuse Regulation Q&A

ESMA has recently updated it Question and Answers documents in relation to the Market Abuse Regulation. The following is a summary of the salient points: Persons professionally arranging or executing transactions: this category is not only limited

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Malta’s new binary options framework

Dr. Omar Zerafa has recently published an article on LeapRate regarding the new policies adopted by the MFSA in relation to providers of binary options trading platforms. Read more on http://leaprate.com/uzmg5.



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Updated Policy for Online Forex Brokers

The MFSA has just updated its policy on online forex trading service providers, licensed as Category 2 or Category 3 Investment Service Licence holders. In its revised policy, the MFSA has lowered its threshold in relation to the requirement of a

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Online Forex Trading

The MFSA has just issued a notice informing applicants for a Category 2 or Category 3 licence to carry out online forex trading of a new set of conditions specifically targeted to such companies. The new set of conditions put restrictions on the s

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Solvency II

On the 10th October 2014, the Commission has adopted an act containing the implementing rules for Solvency II, which will enter into force once they are approved by both the European Parliament and the Council. Solvency II takes into account the c

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AIFMD National Private Placement Regime

The MFSA has recently published a set of documents formalising the implementation of the National Private Placement Regime (“NPPR”) in Malta. The NPPR allows Alternative Investment Fund Managers to market Alternative Investment Funds i

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