Insights

Investment Services & Funds Litigation & 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 Mizzi14th July 2025

Employment and Industrial Relations

Malta’s Proposed Auto-Enrolment Occupational Pension Regime: Key Implications for Employers and Employees

Introduction On 18 June 2025, the Government of Malta, through the Ministry for Finance, launched a month-long public consultation on the introduction of an auto-enrolment occupational pension regime. This initiative seeks to strengthen long-term retirement savings by requiring employers to offer qualifying pension schemes and automatically enrol eligible employees, subject to an opt-out option. Which Legal Frameworks will be Impacted? Occupational pension plans in Malta are currently offered by two categories of licensed holders governed by distinct legal frameworks. These include Retirement Scheme Administrators, licensed under the Retirement Pensions Act, and long-term insurance undertakings, licensed under the Insurance Business Act.…

Christine Calleja and Klara Cachia10th July 2025

FinTech

ESMA Supports MFSA’s MiCA Approach

On the 10th of July 2025, the European Securities and Markets Authority (ESMA) published the results of its first peer review of a Crypto-Asset Service Provider (CASP) authorisation under the Markets in Crypto-Assets Regulation (MiCA). The review, focused on Malta, marks an important milestone in the EU’s transition to a harmonised regulatory framework for crypto-assets. The review can be accessed on this link. Malta, which had already established a structured national framework through its Virtual Financial Assets (VFA) regime in 2018, was among the first jurisdictions to operationalise MiCA. The peer review confirms that the Malta Financial Services Authority (MFSA)…

Mamo TCV Advocates10th July 2025

DORA Telecoms, Media & Technology

Threat-Led Penetration Testing Regulatory Technical Standards under DORA Take Effect

As of today, 8 July 2025, the Regulatory Technical Standards (RTS) on Threat-Led Penetration Testing (TLPT) are now effective, including in Malta, following their publication in the Official Journal on 18 June 2025. These RTS supplement Article 26 of the Digital Operational Resilience Act (‘DORA’) and lay down a framework for the execution of TLPT. The RTS specify the criteria used for identifying the financial entities which are required to perform threat-led penetration tests and lay down organisational arrangements for financial entities. The RTS also include provisions on risk management and specify criteria for engaging TLPT providers. Moreover, the RTS…

Mamo TCV Advocates8th July 2025

Capital Markets

Public Consultation on the Revised Free Float Requirements for Regulated Markets

On the 16th of June 2025, the Malta Financial Services Authority (“MFSA”) published a consultation document proposing significant changes to the minimum free float requirement (also referred to as the “Public Float”) for admission to trading on a regulated market in Malta (hereinafter referred to as the “Consultation Document”). The proposals follow the recent adoption of the EU Listing Act Package (Listing Act) published in the Official Journal of the European Union on the 14th of November 2024, which includes the Listing Regulation (Regulation (EU) 2024/2809), the Listing Directive (Directive (EU) 2024/2811) and a new Directive on multiple vote share…

Mamo TCV Advocates7th July 2025

Banking & Finance FinTech

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 Mizzi4th July 2025