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Investment Services & Funds

Precautionary Measures Adopted by ESMA and Other EU Securities Regulators in the Case of a No-Deal Brexit Scenario

On the 29th of March 2019 the UK will leave the European Union ('EU') in what is an unprecedented event in modern European history.  As a result of this decision, Europe's biggest capital market will move outside of the EU, raising a number of regulatory challenges across a number of areas, specifically in the sphere of data reporting and clearing and settlement. Therefore, with the prospect of a no-deal Brexit scenario looming, the European Securities and Markets Authority ('ESMA') and other EU securities regulators have adopted a number of precautionary measures which will serve to overcome the arising challenges and…
MamoTCV
8th March 2019
Corporate & CommercialInvestment Services & Funds

Analysing the major amendments to be brought about by The Fifth Anti-Money Laundering Directive

This article was written by Luke Mizzi and Tessa Borg Bartolo As Europe was still digesting and implementing the provisions of the Fourth Anti-Money Laundering Directive in 2016, a fresh proposal was drawn up by the European Commission for a new legislative initiative to cater for recent economic and political developments throughout the globe which demonstrated crucial loopholes in existing Anti-money laundering legislation. Of particular concern to legislators was the growth and evolution of terrorist financing as well as revelations such as Swiss leaks and the Panama Papers which shed light on a number of key deficiencies in the global…
Luke Mizzi
28th August 2018
Corporate & CommercialInvestment Services & Funds

Analysing the major amendments to be brought about by The Fifth Anti-Money Laundering Directive

This article was written by Luke Mizzi and Tessa Borg Bartolo As Europe was still digesting and implementing the provisions of the Fourth Anti-Money Laundering Directive in 2016, a fresh proposal was drawn up by the European Commission for a new legislative initiative to cater for recent economic and political developments throughout the globe which demonstrated crucial loopholes in existing Anti-money laundering legislation. Of particular concern to legislators was the growth and evolution of terrorist financing as well as revelations such as Swiss leaks and the Panama Papers which shed light on a number of key deficiencies in the global…
Luke Mizzi
28th August 2018
Investment Services & Funds

European Parliament adopts the 5th Anti-Money Laundering Directive

Barely a year following the implementation of the 4th Anti-Money Laundering Directive, the European Parliament has adopted a new directive which aims to add further layers to the European anti-money laundering framework. The 5th Anti-Money Laundering Directive ("5AMLD") was adopted on the 19th of April 2018, and should be fully implemented into national law by the various Member States from eighteen months to the date in which it is published in the Official Journal. The 5AMLD contains several key amendments to the existing directives, mainly:1. Register of Beneficial OwnersThe 4th Anti-Money Laundering Directive brought about the obligation for EU Member…
Luke Mizzi
24th April 2018
Investment Services & Funds

European Parliament adopts the 5th Anti-Money Laundering Directive

Barely a year following the implementation of the 4th Anti-Money Laundering Directive, the European Parliament has adopted a new directive which aims to add further layers to the European anti-money laundering framework. The 5th Anti-Money Laundering Directive ("5AMLD") was adopted on the 19th of April 2018, and should be fully implemented into national law by the various Member States from eighteen months to the date in which it is published in the Official Journal. The 5AMLD contains several key amendments to the existing directives, mainly:1. Register of Beneficial OwnersThe 4th Anti-Money Laundering Directive brought about the obligation for EU Member…
Luke Mizzi
24th April 2018
Investment Services & Funds

MFSA launches Supplementary Licence Conditions applicable to Professional Investor Funds investing in Virtual Currencies.

After the Malta Financial Services Authority's ("MFSA") consultation process on the Regulation of Collective Investment Schemes Investing in Virtual Currencies and the subsequent feedback statement issued on such matter, the MFSA has published Supplementary Conditions applicable to Professional Investor Funds ('PIFs') investing in Virtual Currencies ('VCs'). Coupled with the recent discussion paper on Initial Coin Offerings, Virtual Currencies and Related Service Providers, it is clear that the MFSA is seeking to create a strong regulatory framework and ensure high levels of investor protection and market integrity in the ever-expanding digital economy. The supplementary license conditions have introduced new requirements targeted…
Luke Mizzi
30th January 2018