Category

Banking & Finance

MFSA Enforcement and the Limits of Appeal Rights in Malta: Key Takeaways from the Phoenix Judgment Banking & Finance

MFSA Enforcement and the Limits of Appeal Rights in Malta: Key Takeaways from the Phoenix Judgment

The Civil Court, First Hall (Constitutional Jurisdiction), in the judgment Phoenix Payments Limited (now Lazarus Long Limited) v the Malta Financial Services Authority and the State Advocate (Application Number 272/2021), delivered by the Honorable Madam Justice Rachel Montebello on 27 April 2026, examined the administrative enforcement powers of the Malta Financial Services Authority (“MFSA”) and, critically, whether the available appeal mechanism satisfies the right to a fair hearing. Phoenix’s Application Phoenix Payments Limited (subsequently renamed Lazarus Long Limited) (“Phoenix”), a financial institution licensed and regulated by the MFSA under the Financial Institutions Act (Chapter 376 of the Laws of Malta)…
Mamo TCV Advocates
9th June 2026
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
Person using a credit card
Payments Insights #5 – When CASPs Overlap PSPs Banking & FinanceFinTech

Payments Insights #5 – When CASPs Overlap PSPs

The EU’s Markets in Crypto-Assets Regulation (MiCA) provides in Article 70(4) that a crypto-asset service provider (CASP) offering payment services related to its crypto activities must either obtain a payment institution authorisation itself or partner with an authorised payment service provider (PSP) under PSD2. This reflects the “dual nature” of certain crypto-assets: notably, MiCA classifies e-money tokens (i.e. stablecoins) as electronic money, meaning they are not only crypto-assets under MiCA but also “funds” under the Second Payment Services Directive (PSD2). In practice, this dual status raised uncertainty about whether CASPs dealing in stablecoins need a separate PSD2 licence in addition…
Katya Tua and Mario Mizzi
4th July 2025
POS Payment
Payments Insights #4 –
Compliance with the Instant Payments Regulation Banking & FinanceFinTech

Payments Insights #4 –
Compliance with the Instant Payments Regulation

Compliance with a key component of the EU's Instant Payments Regulation (“IPR”) is mandatory as of the 9th of January 2025. The IPR, whose full name is Regulation (EU) 2024/886 of the European Parliament and of the Council of 13 March 2024 amending Regulations (EU) No 260/2012 and (EU) 2021/1230 and Directives 98/26/EC and (EU) 2015/2366 as regards instant credit transfers in Euro, was promulgated in April 2024, and mandates instant euro credit transfers across EU member states. As of the 9th of January 2025, all payment service providers (“PSPs”) operating within the euro area must have systems in place to receive instant credit transfers.…
Katya Tua and Mario Mizzi
8th January 2025
AI in Banking
AI in the Banking Sector – a Sword, a Shield or an Achilles’ Heel? Banking & FinanceFinTech

AI in the Banking Sector – a Sword, a Shield or an Achilles’ Heel?

1. Introduction We are not only living in a digital age but also in an age where individuals and businesses increasingly depend on banks for their day-to-day activities. The convergence of these two factors is compounded with the increased use of artificial intelligence (AI) both generally and specifically in the banking sector. From a general perspective, AI start-ups in 2013 received USD 2 bn in investments globally which increased twelvefold in 2018 to USD 24 bn . The European Commission is also planning to invest a total of €112 mm in AI, quantum research and innovation . More specifically, recent…
Matthew Muscat
8th November 2024
Mamo TCV Advocates - DORA Services
Six Months Until DORA: Mamo TCV Advocates Launches Detailed Overview Banking & FinanceCapital MarketsDORAFinTechInsurance & Reinsurance

Six Months Until DORA: Mamo TCV Advocates Launches Detailed Overview

On the 17th of January 2025, the Digital Operational Resilience Act (DORA) will become applicable across the EU, including Malta. Maltese financial entities and ICT providers have 6 months to prepare for the new legal obligations that shall be imposed. In conjunction, on the 17th of January 2025, the Malta Financial Services Authority Act (Digital Operational Resilience Act (DORA)) Regulations, shall also come into force, further regulating the matter in Malta. We have recently launched our DORA microsite (www.doramalta.com) with easily understandable information which can serve as your reference point for available guidance. This document does not purport to give legal, financial…
Mamo TCV Advocates
17th July 2024