On the 19th November 2020, the Malta Financial Services Authority (“MFSA”) issued a circular as a follow up to their previous publication to provide a clarification to counterparties which fall within the definition of ‘non-financial counter Read more
In Malta’s recent efforts to regulate the field of cryptocurrencies, blockchain and DLT, Malta has enacted three new legislations, one of which is the Virtual Financial Assets Act (VFA Act) which regulates the issuance and the services provided in relation to cryptocurrencies classified as Virtual Financial Assets (VFAs).
The VFA Act requires the registration of the whitepaper with the authority in relation to any issue of VFAs and the submission of the application for a licence to provide services in relation to VFAs to be made through a VFA Agent. The VFA Agent is required if the cryptocurrencies issued or in relation to which the services are provided are VFAs.
A VFA Agent is required to be registered with the MFSA in terms of the VFA Act and may be a person falling under any of the following:
Advocate, accountant or auditor; or
A firm of advocates, accountants or auditors, or corporate services providers;
A legal organisation which is wholly owned and controlled by persons referred to in paragraphs (1) or (2); or
Any other class of persons holding authorisations, qualifications and, or experience deemed by the MFSA as possessing suitable expertise to exercise the functions listed under article 7 and/or article 14 of the VFA Act.
For Service Providers
In terms of article 14 of the VFA Act, an application for a VFA Licence under the VFA Act shall be made solely through a VFA agent which is duly registered in terms of the VFA Act in the form and manner required by MFSA.
Zerafa.io Ltd has been established and is duly registered by the MFSA as a VFA Agent to assist its clients in submitting an application for a VFA Licence to provide services in relation to VFAs. For more information regarding the services that Zerafa.io Ltd offers, please visit www.zerafa.io.
Article 7 of the VFA Act requires any issuer of VFAs in or from within Malta to appoint, and have at all times in place, a VFA agent who shall be registered with the MFSA under the VFA Act. Moreover, article 3 of the VFA Act requires such an issuer of VFAs to draw up and register a whitepaper with the MFSA, which must be endorsed by the VFA Agent confirming its compliance with the VFA Act.
By virtue of the rules and regulations issued by the MFSA under the VFA Act, a VFA Agent may, subject to being so proposed by a VFA Licence holder, be appointed as Compliance Officer with the VFA Licence holder for which it had acted as VFA Agent at application stage.
To this end, Zerafa.io Ltd is duly registered by the MFSA as a VFA Agent and is in a position to provide compliance services to VFA Licence holders providing services relating to VFAs.
Please visit www.zerafa.io for more detailed information on the compliance services that are offered.