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EU

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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
Cheques
Recent Amendments to CBM Directive 19 Corporate and M&A

Recent Amendments to CBM Directive 19

Introduction Directive No. 19 (the “Directive”), issued by the Central Bank of Malta (the “CBM” or the “Central Bank”) on the 7th July 2021 officially came into effect on 1st January 2022, with amendments issued in September 2024. It applies to all paper-based instruments issued, processed, or encashed within Malta’s jurisdiction, as long as these instruments are denominated in euros. The Directive sets the framework for the safe and effective use of cheques and bank drafts (collectively referred to as "paper-based instruments") where the payer, payee and the regulated institutions servicing the paper-based instruments are all located in Malta. It…
Michael Psaila
19th November 2024
Furthering MiCAR in Malta by Chapter 647
Fintech Insights #8 –
Furthering MiCAR in Malta by Chapter 647 FinTech

Fintech Insights #8 –
Furthering MiCAR in Malta by Chapter 647

Chapter 647 of the Laws of Malta, titled the Markets In Crypto-Assets Act (hereinafter referred to as “Chapter 647”), integrates all aspects of Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”). MiCAR regulates the issuers of asset-referenced tokens (“ARTs”), electronic money tokens (“EMTs”), other types of tokens, as well as the conduct of crypto asset service providers (“CASPs”). Malta’s presidential assent to Chapter 647 was given on the 5th of November 2024 through  Act No. XXXVI of 2024 (“Act 36 (2024)”); and it was promulgated on the same day. Similar to MiCAR, Act 36…
Mario Mizzi
12th November 2024
Gavel
Court of Justice of the European Union Issues Decision on a Potential Breach of Sanctions Corporate and M&A

Court of Justice of the European Union Issues Decision on a Potential Breach of Sanctions

The Court of Justice of the European Union (the “CJEU”) has issued a decision (C-109/23) on a reference for a preliminary ruling requested by a German court in relation to a potential breach of restrictive measures issued against Russia. The referring court requested the CJEU to provide a ruling on whether a German notary would have infringed the prohibition to provide legal advisory services to a legal person in Russia had he authenticated a contract for the sale of title to an apartment that was entered into between the Russian legal person as seller and a national of a Member…
Zachary Galea
9th September 2024
Mamo TCV Advocates: EU flag
Council of Europe Issues Guidance on Best Practices on Implementation of Restrictive Measures Corporate and M&A

Council of Europe Issues Guidance on Best Practices on Implementation of Restrictive Measures

The Council of Europe has recently published a guidance note to the general public considering the best practices for the effective implementation of restrictive measures. This guidance note sets out to provide a non-exhaustive list of recommendations for the effective implementation of restrictive measures. The first set of recommendations relates to the designation and identification of persons and entities which are subject to restrictive measures. One of these recommendations relates to the specific identifiers of persons and entities which are subject to targeted restrictive measures. The Council of Europe suggests that as many specific identifiers as possible be published at…
Zachary Galea
28th August 2024
Mamo TCV Advocates - Integration of EU’s MiCAR in Maltese law
FinTech Insights #7 –
Integration of EU’s MiCAR in Maltese law FinTech

FinTech Insights #7 –
Integration of EU’s MiCAR in Maltese law

Malta has been a forerunner in regulating digital assets with the introduction of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta (the “VFA Act”) back in 2018.  Following its approval in 2022 and publication in 2023, Regulation (EU) 2023/1114 of the European Parliament and Council on markets in crypto-assets (“MiCAR”) has an 18-month window to become fully enforceable by 30th December 2024. However, MiCAR’s Title III and Title IV on issuing and regulating stablecoins will be applicable from 30th June 2024 according to Article 149 MiCAR.  Rules on crypto-asset service providers in Title V of MiCAR…
Mario Mizzi
26th June 2024