Payments Insights #6 – EU Legislative Drafting Status of PSD3 and PSR Banking & FinanceFinTech

Payments Insights #6 – EU Legislative Drafting Status of PSD3 and PSR

When the Second Payment Services Directive ('PSD2') replaced the First Payment Services Directive, the EU had solidified the regulatory architecture governing payment services across the single market; and this has served the ecosystem well for the past decade. On 18th May 2026, the Chair of the European Parliament's Committee on Economic and Monetary Affairs wrote to the EU Council Presidency to confirm that if the EU Council transmits its position on the Third Payment Services Directive (“Proposed PSD3”) and the Payment Services Regulation (“Proposed PSR”) in its current form, the Committee will recommend adoption at second reading without amendment. The…
Mario Mizzi
27th May 2026
AI & Funds #7 – Applicability of EU AI Act Investment Services & Funds

AI & Funds #7 – Applicability of EU AI Act

This seventh instalment in the AI & Funds series revisits the six previous briefings issued when the law was still in draft and provides a comparative legal analysis of how the EU framework on artificial intelligence, ultimately promulgated as Regulation (EU) 2024/1689 (the "AI Act"), has settled in relation to investment funds. The AI Act has a staggered application schedule that culminates in August 2027. Article 50 of the AI Act on transparency is the section most likely to be relevant to investment funds in practice; and this becomes applicable in August 2026. The following six sections examine each prior…
Mario Mizzi
25th May 2026
Fintech Insights #12 – MiCA & Prevention of Market Abuse FinTechInvestment Services & Funds

Fintech Insights #12 – MiCA & Prevention of Market Abuse

One of the aims of Regulation (EU) 2023/1114 (“MiCA”) is to bring stability to digital asset markets by ensuring that market abuse is prevented before it can even occur. In Malta, the MFSA enforces these standards through the powers given to it under Chapter 647 together with second-level measures, including European Commission Delegated Regulations and ESMA Regulatory Technical Standards. The rules on market abuse in MiCA closely correspond to those of the EU’s Market Abuse Regulation (“MAR”). For crypto-asset service providers (“CASPs”) the task is clear: prevent abuse and protect market stability with firm governance, disciplined disclosure, and surveillance that…
Mario Mizzi
20th May 2026
Castille Palace at Night
Maltese Residency for Investment Family Offices ImmigrationInvestment Services & Funds

Maltese Residency for Investment Family Offices

Investment family offices that are setting up an investment structure in Malta (or even a branch thereof) have been given an additional incentive to choose Malta as an EU base due to a new residency law interpretation. On the  3rd of December, the MFSA issued a circular together with Malta’s immigration authorities titled “Joint MFSA and Residency Malta Agency Communication on a New Residency Scheme for Family Offices”. The circular explicitly “focuses on granting residence permits to individuals forming part of a family office structure”, notably ultimate beneficial owners (UBOs) and qualifying senior employees. This initiative is intended to enhance…
Valletta Skyline
Malta’s Shariah-Compliant Funds Framework Investment Services & Funds

Malta’s Shariah-Compliant Funds Framework

Malta’s recent revamp of its Shariah-compliant investment funds framework is a strategic move to attract investors and asset managers from the Middle East and North Africa (‘MENA’), including family offices from the Gulf region (‘GCC’) to the EU’s southernmost jurisdiction. The Malta Financial Services Authority (‘MFSA’) informed the industry through a circular about this update in November 2025. This update continues positioning the islands as a bridge between Europe and Sharia finance. Being EU and Eurozone currency member, Malta offers MENA investors a seamless point of entry into the EU’s single financial market. For Middle Eastern fund promoters looking to…
Mario Mizzi
24th November 2025
Highest EU Court in Luxembourg
CJEU preliminary rulings as a path towards further investment law harmonisation Investment Services & FundsLitigation & Dispute Resolution

CJEU preliminary rulings as a path towards further investment law harmonisation

The preliminary reference procedure under Article 267 of the Treaty on the Functioning of the European Union (TFEU) constitutes a mechanism by which the Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of Union law across the Member States. In the specific context of EU financial regulation, this procedural instrument assumes a distinctive function: that of enabling organic harmonisation within the internal market. By facilitating a judicial dialogue between national courts and the CJEU, the preliminary ruling mechanism operates as a decentralised yet effective method of aligning national interpretations of key provisions within directives…
Mario Mizzi
14th July 2025