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The Malta Financial Services Authority (“MFSA”) issued a consultation paper addressed to the financial services industry with regards to the Virtual Financial Assets Regulations to be issued under the Virtual Financial Assets Act (“VFA Act”) 

The aim of the proposed Regulations is to safeguard financial stability, promote market integrity and ensure investor protection by introducing the following:

  1. Exemptions:
    proposed Regulations will set out a list of persons who shall be exempt from
    the requirement of a VFA services licence in terms of the VFA Act, some
    exemptions may be automatically applicable, others will need to be notified to
    the MFSA prior to their application, while others shall be subject to a
    determination in writing by the MFSA. 

  2. Fees:
    proposed Regulations will set out the respective application and supervisory
    fees for licence holders of VFA Agents, which fees take into account the
    respective risks posed.

  3. Control of Assets:
    proposed Regulations introduce additional requirements with respect to the
    holding and/or controlling of clients’ monies and/or controlling assets.

  4. Administrative Penalties and Appeal:
    falling within the scope of the proposed Regulations who fail to comply with
    any of the provisions of the proposed Regulations will be subject to an
    administrative penalty and other administrative measures.

The consultation period is open to the public from the 4th July 2018 until the 20th July 2018.

This document does not purport to give legal, financial or tax advice. Should you require further information or legal assistance, please do not hesitate to contact Dr. Katya Tua or Dr. Christina Scicluna.