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Insights

DeFi, MiCA and Malta’s Next Step in Digital Finance

The Malta Financial Services Authority’s recent consultation on Decentralised Finance comes at a time when the digital assets market is becoming more serious, more regulated and more connected to traditional finance. Crypto is no longer only a s

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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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The MFSA issues Guidelines on Non-Fungible Tokens

On the 23rd of June 2023, the Malta Financial Services Authority (the “MFSA”) issued a set of guidelines (the “Guidelines”) which shall aid FinTech companies understand how non-fungible tokens (“NFTs”) fit within the Maltese Virtual Fi

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European Parliament President signs MiCA into law

On the 30th of May 2023, the President of the European Parliament, Dr. Roberta Metsola, along with the Swedish Rural Affairs Minister Peter Kullgren, signed into law the Markets in Crypto Assets Regulation (“MiCA”). This came after the Parliam

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The EU Parliament votes in favour of the MiCA Regulation

On the 20th of April 2023, the European Parliament voted on the landmark legislation which will regulate crypto currencies. Originally proposed by the European Commission, the proposed text was agreed upon on October 2022. Now after several rounds

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EU Imposes Stricter Measures on AML/CFT Rules

On the 28th of March 2023, Members of the European Parliament (“MEPs”) from the Economic and Monetary Affairs and Civil Liberties, Justice, and Home Affairs committee approved stricter rules to close existing gaps in anti-money laundering and

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The European Council approves the MiCA Proposal

Following months of consultations, discussions and proposals, the final version of the proposed Markets in Crypto Assets Regulation (“MiCA”) was approved by the European Council on the 5th of October 2022, confirmed by the Council’s Permanen

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The Impact of MiCA on Malta

The proposal for a Markets in Crypto-Assets (“MiCA”) Regulation provides for a sound legal framework within the European Union (“EU”), in an area which remains mostly unregulated by existing financial services legislation. Once adopted, th

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EU Regulatory Developments parallel to MiCA

On the 24th of September 2020, the European Commission adopted a Digital Finance Package, which includes a digital finance strategy, together with three legislative proposals on Digital Operational Resilience Act (“DORA”), Markets in Crypto-As

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The Reasons and Scope behind the MiCA Regulation

The financial services sector is an ever-evolving field which will continue to grow and advance. This is understood by the European Union (“the EU”) and in 2020, the European Commission issued the Proposal for a Regulation on Markets in Crypto

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Countdown to MiCA: The EU’s Crypto-Assets Regulation

The MiCA Proposal: Why is it important? On the 30th June 2022, the European Council and the European Parliament announced that a provisional agreement was reached on a proposal for a Market in Crypto-Assets (“MiCA”) Regulation. The MiCA propos

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CPMI and IOSCO Stablecoin Arrangements

On the 12th July 2022, the Committee on Payments and Market Infrastructures (“CPMI”) and the International Organisation of Securities Commissions (“IOSCO”), published their final guidance on stablecoin arrangements confirming that the Prin

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Pilot regime for DLT market infrastructures

On the 30th May 2022, Regulation (EU) 2022/858 (the “Regulation”), which introduces a pilot regime for Distributed Ledger Technology (“DLT”) market infrastructures, was formally signed by the co-legislators. The Regulation lays down requir

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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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An overview of the Digital Financial Instrument

The worldwide interest in Distributed Ledger Technology (“DLT”) is one of the main drivinig elements in the field of crypto. The local Maltese regulatory framework has served to further feed this interest in Malta. The Virtual Financial Assets

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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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Updated FATF Guidelines for a Risk-Based Approach for VFAs

On the 28th of October 2021, the Financial Action Task Force (“FATF”) published a document to update and expand its guidelines intended to help national authorities to further understand and regulate Virtual Asset (“VA”) activities and Vir

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Sports Tokens in Malta

What are Sports Tokens? The ever-expanding world of cryptocurrency has recently taken its turn to enter into the popular and lucrative world of sport. News recently struck that a transfer of the highly renowned and talented football player Lionel

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A comparison between the MiCA Regualtion and the VFA Act

The scope of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (“VFA Act”), is largely aligned with the Regulation of the European Parliament and of the Council on Markets in Crypto-Assets (“MiCA Regulation”), the latter a

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CSP Exemption Notification

On the 16th March 2021, the Legal Notice 105 of 2021, Company Service Providers (Exemptions) Regulations, 2021 came into force. These regulations identify persons who are exempt from obtaining authorisation is terms of the Company Service Provider

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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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European Union Regulatory Framework for Crypto-Assets

It is crucial that Europe grasps all the potential of digital age and strengthens its industry and innovation capacity, within safe and ethical boundaries. Digitalisation and technology are significantly transforming the European financial system

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MFSA’s Circular to VFA Service Providers

The Malta Financial Services Authority ("MFSA") has today issued a Circular to Virtual Financial Asset Service Providers (the "Circular") addressed to those persons availing themselves of the transitory provision set out in Art

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Consultation Document on MFSA’s FinTech strategy

The Malta Financial Services Authority (“MFSA”) has published a Consultation Document on its FinTech strategy (“Consultation Document”), with the aim of adopting a strategy where the MFSA focuses its efforts towards supporting such industr

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Circular to Issuers of Virtual Financial Assets

The Malta Financial Services Authority (“MFSA”) has issued a Circular to Issuers of Virtual Financial Assets (the “Circular”) identifying the way forward for Issuers of Virtual Financial Assets (“VFA”). The Circular caters for VFA Issu

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The MDIA publishes guidelines to Systems Auditors

The newly established authority, the Malta Digital Innovation Authority (“MDIA”), which will be responsible for certifying Innovative Technology Arrangements and recognising service providers, such as Systems Auditors and Technical Administrat

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Malta | A hub for crypto-related projects

It has become a well-known fact that Malta is aiming to be a leader in regulating Distributed Ledger Technology (DLT), cryptocurrencies and ICOs. In fact, three new laws regulating this area have been proposed and presented to the Parliament and

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The role of the VFA Agent

The Virtual Financial Assets Act (VFA Act), which should enter into force in the coming days once approved by Parliament, requires an issuer of Virtual Financial Assets (VFAs) to appoint and have in place a VFA agent at all times. Moreover, an a

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The Financial Instrument Test

The MFSA has today issued its Consultation Paper on the Financial Instrument Test. The Financial Instrument Test is a very important process in determining whether a token falls within the definition of ‘financial instrument’ under the Markets

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The Technology Arrangements Bill

Further to regulating the area of Blockchain, Virtual Currencies and Innovation, apart from the MDIA Bill, the Consultation Document also provides information on the proposed Technology Arrangements Bill (“TAS Bill”) aimed at regulating T

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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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Blockchain & Bitcoin Conference to be held in Malta

If you are interested in the field of blockchain and cryptocurrencies, you should not miss the Blockchain & Bitcoin Conference Malta which will be held in Malta on the 7th of December. Entrepreneurs, investors, consultants and IT specialists

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