Financial Services and Banking Law
Malta is undoubtedly a successful financial centre of excellence – a reputable EU member State offering high regulatory standards combined with rigorous enforcement. The financial and fiscal incentives offered by Malta render it an attractive jurisdiction for financial and investment services providers and private investors alike. Malta has also attracted a number of funds and fund managers, credit institutions, insurance (including tied insurance intermediaries [TII]s, captive insurance and reinsurance) companies and most recently FINTECH companies.
Malta’s body of financial services laws include, among others:
The Financial Institutions Act
The Financial Markets Act
The Investment Services Act
The Banking Act
The Insurance Business Act and Insurance Distribution Act
The Securitisation Act
The regulator of the financial services sector in Malta is the Malta Financial Services Authority (MFSA) established in July 2002. An additional regulatory authority, the Malta Digital Innovation Authority (MDIA) was established in 2018 to monitor and regulate services such as blockchain and cryptocurrency.
Persons carrying out the following activities need a licence to operate:
Credit Institutions
Financial Institutions
Payment Service Providers
Electronic Money Institutions
Insurance and Reinsurance Undertakings
Insurance Intermediaries
Investment Firms
Collective Investment Schemes
Trustees and other fiduciaries.
Company Service Providers
Retirement Scheme Administrators
Malta is a reputable domicile for financial services mainly due to two factors, namely EU membership and its serious regulatory framework.
Lexvirtualis™ can help you with the following services:
Advice relating to debt financing, equity financing and mezzanine financing
Funds and Collective Investment Schemes
Asset securitisation
Special Purpose Vehicles
Trusts and Foundations
Tax advice
Representation with MFSA
Drafting of necessary documentation
Advice on establishing and licensing of financial institutions referred to above
The entire licensing and authorisation process - business model and strategy proposal, fitness and properness assessment, due diligence
Post-licensing compliance
Passporting of rights within the EU
Anti-money Laundering and CFT
Private wealth management
For further information about how LexVirtualis™ Advocates can help you with your law requirements kindly contact us on info@lexvirtualis.com.mt
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