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In this series of briefings on financial technology law, we will share insights on the current and proposed EU laws that seek to regulate financial services being provided through digital means.

Fintech Insights #1 –
Introductory Briefing

The progression of online financial ecosystems supporting any modern economy hinges on the citizens’ use of new financial technologies. In Malta, the word ‘fintech’ is neither defined by law nor found in the jurisdiction’s primary legislation. Yet, local stakeholders on the island commonly limit the meaning of the word to blockchain-based finance. In reality, at EU level (and to a certain extent, globally), fintech comprises all those banking and digital payment solutions which make use of the internet and other electronic means rather than using ink and paper. These include electronic money institutions, payment service providers, and banks using any…
Mario Mizzi
4th May 2023
The Parliament of the European Union has approved the ‘Markets in Crypto Assets’ regulation
FinTechLegal Updates

EU Parliament approves MiCA

The European Parliament gave its final approval to the Markets in Crypto-Assets Regulation (‘MiCA’) on 20 April 2023. The regulation forms part of the EU’s broader digital financial package whose aim is to encourage the use of fintech while ensuring consumer protection and financial stability across the EU. MiCA is the first harmonised EU framework for regulating crypto-assets and is applicable across Member States without national transposition. The regulation introduces three sub-categories of crypto-assets, namely asset-referenced tokens, e-money tokens, and other crypto-assets, which includes utility tokens and other cryptocurrencies. MiCA has three distinct regulatory regimes for issuers of stablecoins, non-stablecoins,…
Mamo TCV Advocates
21st April 2023
Banking & FinanceInsurance & ReinsuranceInvestment Services & FundsLegal UpdatesRegulatory Compliance

MFSA Issues Guidelines to the Submission of the Statement of Source of Wealth and Source of Funds

On the 12 August 2022, the MFSA has issued a Circular to inform the financial services industry of the launch of a new standardised template (“Annex AX26: Source of Wealth and Source of funds self-declaration form”) to be used with immediate effect when submitting a statement of source of wealth and source of funds. The statement is to be submitted by all qualifying shareholders and Politically Exposed Persons as an attachment to their online Personal Questionnaire. The statement is to be filled in electronically and signed by the applicant. Disclaimer: This document does not purport to give legal, financial or…
Mamo TCV Advocates
26th August 2022
Mamo TCV FinTech

Agreement Reached on Markets in Crypto-Assets Regulation (MiCA)

On 30 June 2022, the Council of the European Union (EU) announced1 that the Council presidency and the European Parliament reached a provisional agreement on the proposed markets in crypto-assets regulation (MiCA).  More details here.  The aim behind the proposed regulatory framework is to bring legal and regulatory certainty for crypto-asset operators across the EU.MiCA forms part of the Digital Finance Package proposed by the European Commission (EC) to fulfil its Digital Finance Strategy, which aims at developing a holistic approach across the EU to foster innovation, whilst ensuring financial stability and consumer protection. The Digital Finance Strategy sets out…
Martha Chetcuti
11th August 2022

Applying for a Virtual Financial Asset Licence in order to Operate a Crypto-Exchange

Malta is the first country in the world to create and implement a fully comprehensive legal and regulatory framework for cryptocurrency and blockchain technology. The stable system and forward approach that Malta offers creates the ideal setting to attract further investment. In fact, Malta has attracted some of the world's largest cryptocurrency exchanges who have relocated or set up offices on the island. The Maltese legal framework consists of three main pieces of legislation, namely:i. The Virtual Financial Assets Act (the "Act");ii. The Malta Digital Innovation Authority Act; &iii. The Innovative Technology Arrangements and Services Act.The most important and relevant…
11th December 2019
Legal Updates

Extension of Consultation Period

The MFSA has notified industry participants and interested parties that the Consultation period for the Guidance on Cybersecurity, issued on the 8 February 2019, has been extended to Monday 25 March 2019. The Note may be accessed via the following link: Disclaimer 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 
MamoTCV Advocates
14th March 2019