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Corporate & CommercialPetra AttardTessa Borg Bartolo

MFSA publishes Corporate Governance Code for Regulated Entities

The Feedback Statement on the final Corporate Governance Code (hereinafter referred to as the “CGC” or the “Code”), accompanying the publication of the final CGC dated 5th August 2022 outlines the feedback received from stakeholders and provides the MFSA’s way forward in response to the feedback it received. The CGC is a code issued by the MFSA intended to enhance the governance, culture and conduct of MFSA Authorised Entities . The CGC is intended to apply to all Authorised Entities , regardless of their size, apart from Listed Entities. The CGC outlines principles of good corporate governance in the following…
Petra Attard
10th August 2022
Capital MarketsLegal Update

MFSA Update: PMDR Notifications to be Filed Online

Persons discharging managerial responsibilities ('PMDRs'), or persons closely associated with them, are now required to submit PMDR notifications through the Malta Financial Services Authority's ('MFSA') online form. In terms of the Market Abuse Regulation (Regulation (EU) No 596/2014, hereinafter the 'Regulation'), PMDRs and persons closely associated with them are required to notify the issuer and the MFSA of every transaction conducted on their own account relating to the shares or debt instruments of that issuer once the total value of transactions executed in a calendar year exceeds €5,000. It is important to note that such notifications must be made by…
MamoTCV Advocates
13th January 2022
Investment Services & Funds

The Coming into Force of the Investment Firms Regulation and Directive

The Investment Firms Regulation and Directive (the "IFR/D Package") became applicable on the 26th of June 2021, introducing a new prudential framework applicable to investment firms. Before the introduction of the new prudential framework, investment firms were subject to the Capital Requirements Regulation and the Capital Requirements Directive. Investment firms must note that certain small firms will still be subject to the Capital Requirements Regulation ("CRR"). Furthermore, investment firms will still be subject to MiFIR and MiFID II irrespective of the classification as explained below.Credit institutions offering MiFID related services are out of scope of the IFR/D package and therefore…
Anthea Sammut​
4th November 2021
Corporate & Commercial

MFSA Reminder: Existing CSPs to Comply with new Rules by September

This article was written by Dr Simon Pullicino, Dr Petra Attard, and Dr Laura SpiteriThe Malta Financial Services Authority ('MFSA') has issued a circular directed at authorised company service providers ('CSPs') that were registered to provide CSP services prior to the entry into force of the new CSP rules. CSPs that offered CSP services on the date of entry of the new rules – 16 March 2021 – could only continue to offer such services if they applied for authorisation with the MFSA by the 16 May 2021. This application for authorisation resulted in the MFSA classifying company service providers…
Simon Pullicino
8th July 2021
Investment Services & Funds

MFSA implements Fast-track Filing Procedure for Offering Documents of Collective Investment Schemes amended to comply with the Sustainable Finance Disclosure Regulations.

Following the entry into force of the Sustainable Finance Disclosure Regulation ("SFDR") in December 2020, the provisions of the said Regulations will become effective on the 10th March 2021.By way of background, the SFDR will require financial market participants and financial advisors to make pre-contractual and ongoing disclosures to investors regarding the integration of sustainability risk, the impacts of adverse sustainability, as well as the promotion of ESG characteristics and sustainable investments (as applicable). In this respect, pursuant to a circular dated 9th February 2021, the Malta Financial Services Authority ("MFSA") communicated the process to be adopted for the submission…
Katya Tua
16th February 2021
COVID19 MeasuresTrusts, Foundations and Wealth Management

COVID-19: MFSA Extends Deadlines for Regulatory Reporting for Trustees and CSPs

In light of the COVID-19 pandemic, the MFSA has announced that it will be accepting delays in some of the reporting requirements relating to submissions as required from Trustees and Corporate Service Providers ("CSPs") and which fall due by March or April 2020. Audited Annual Financial StatementsThe MFSA is granting Trustees and Corporate Service Providers an extension of two months for the submission of the Audited Annual Financial Statements which are due by March or April 2020.Annual Compliance ReturnNo extension has been granted in respect of the submission of the Annual Compliance Return falling due by March or April 2020.Statement…
MamoTCV Advocates
25th March 2020