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MFSA Clarifies MiCA Application Process FinTech

MFSA Clarifies MiCA Application Process

On the 10th of December 2024, the Malta Financial Services Authority (“MFSA”), published a circular titled ‘Circular to the Industry on the Authorisation Process for MiCA Applicants’. The purpose of this circular is to provide clarity on the application process in Malta under Regulation (EU) 2023/1114 of the European Parliament and Council on markets in Crypto-Assets (“MiCA Regulation”). The MiCA Regulation was integrated into Maltese law through Chapter 647 of the Laws of Malta, titled the Markets in Crypto-Assets Act (hereinafter referred to as “MiCA Act”). As outlined previously, the MiCA Act provides transitory provisions for the eventual repeal of the Virtual Financial Assets…
Mamo TCV Advocates
11th December 2024
Health and Safety at Work
Updates on the Implementation of the Health and Safety at Work Act and Related Regulations Employment and Industrial RelationsReal Estate & Construction

Updates on the Implementation of the Health and Safety at Work Act and Related Regulations

Commencement of the Health and Safety at Work Act, 2024 and Repeal of the Previous Act and Regulations On the 26th November 2024, the Minister responsible for health and safety at work (the ‘Minister’) issued a commencement notice for the Health and Safety at Work Act, 2024 (the ‘Act’). Through this notice, the provisions of the Act were brought into force, thereby repealing the Occupational Health and Safety Authority Act (Cap. 424). On the same date, the Minister also repealed the Occupational Health and Safety Appeals Board (Procedure) Regulations (S.L.424.12) and the Occupational Health and Safety (Payment of Penalties) Regulations…
Jeanine Mallia Schembri
10th December 2024
Influencer Guidelines
Influencers Take Note: MCCA Has Published Guidelines for Sponsored Content Antitrust, Competition and Trade

Influencers Take Note: MCCA Has Published Guidelines for Sponsored Content

Are you an influencer? Take note! The Malta Competition and Consumer Affairs Authority has now published guidelines that influencers should follow when uploading sponsored posts on social media platforms. We all know how important advertising is in the business world and, with the number of sponsored posts that are flooding social media platforms, businesses have taken to use influencers as the new powerhouses of digital marketing. As was discussed in our previous article on the topic, we do not have laws that specifically regulate influencer marketing. However, the Consumer Affairs Act – which transposes the provisions of the Unfair Trading…
Laura Spiteri
4th December 2024
The Law
Termination Based on Health Incapacity: Guidance for Lawful Termination Employment and Industrial RelationsLitigation & Dispute Resolution

Termination Based on Health Incapacity: Guidance for Lawful Termination

In case number 4109/JHP decided on 25 November 2024, the Industrial Tribunal upheld the dismissal of a former employee by a Company, determining that the termination was lawful and justified. The case centered on the employee, who had served as a Senior Customer Support Agent, and whose ongoing mental health challenges and resulting inability to perform his duties led to his dismissal. The Tribunal highlighted that the Company made considerable efforts to support the former employee throughout his period of difficulty. These included granting medical leave, approving his request to travel to his home country for recuperation, and arranging meetings…
Kristen Camilleri and Christine Calleja
3rd December 2024
European Blockchain Sandbox
Applications Open for 3rd and Final Cohort of European Blockchain Sandbox News

Applications Open for 3rd and Final Cohort of European Blockchain Sandbox

The European Blockchain Sandbox (the ‘Sandbox’) is a pan-European dialogue between innovators who come up with particularly interesting, original and useful applications for blockchain technology, and the relevant regulatory authorities that would be involved in such a project. The Sandbox is running from 2023 to 2026 and each year is supporting 20 use cases on the European Blockchain Services Infrastructure (EBSI). Applications for the third and final cohort are now open. Maltese companies (including start-ups) interested in participating have until the deadline of 31 January 2025 to apply. More information, including the application form and the terms of the application…
Mamo TCV Advocates
2nd December 2024
Scene in Valletta
Family Offices Get Maltese Investment Law Exemption Investment Services & Funds

Family Offices Get Maltese Investment Law Exemption

Family offices which choose to manage their global investments from Malta have been given a new legal exemption through a recent amendment in the applicable investment services rulebook of the Malta Financial Services Authority (“MFSA”). On the  27th of November 2024, the MFSA issued a circular titled “Establishment of Single Family Offices in Malta”. The circular provides that a Notified Professional Investor Fund (“NPIF”) which is set up to solely manage the investment of a single family office (without raising external capital) does not require a licensed fund manager anymore. This is a beneficial exemption which reduces cost and bureaucracy…
Katya Tua and Mario Mizzi
28th November 2024