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Documents still need to be submitted to the MFSA, but digital signatures can replace wet-ink signatures.
Investment Services & FundsLegal Update

MFSA Issues Circular on Qualified Electronic Signatures

In a circular dated the 15th of November 2022, the Malta Financial Services Authority (“MFSA”) confirmed that electronic signatures which are done with a ‘qualified electronic signature’ shall be accepted by the MFSA. The MFSA made reference to Article 25(2) of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23rd July 2014 on electronic identification and trust services for electronic transactions in the internal market (“eIDAS”)  which stipulates that digital signatures are only valid in the European Union if they are done with a provider which has been recognised by at least one EU Member…
Mamo TCV Advocates
30th November 2022
The MFSA issued a Circular to inform licence holders of the minor amendment made to the Annual Fund Return.
Investment Services & Funds

Amendment to the Annual Fund Return

On the 12th of April 2021, the Malta Financial Services Authority (‘MFSA’) introduced the requirement for all collective investment schemes that are locally licensed or notified to submit a novel return, being the Annual Fund Return. Various amendments to the Annual Fund Return have been made as can be seen in the Circular issued by the MFSA on the 21st of December 2021, along with the updated Guidelines. On the 18th of November 2022, the MFSA issued a Circular to inform licence holders of another minor amendment made to the Annul Fund Return. The MFSA informed the public that the…
Anthea Sammut​
25th November 2022
The Introduction of an Updated Process for the Reporting of Major ICT-Related Incidents
Investment Services & Funds

The Introduction of an Updated Process for the Reporting of Major ICT-Related Incidents

On the 12th of July 2022, the Malta Financial Services Authority (the “MFSA”) issued a Consultation Document on the reporting of major ICT-related incidents with a consultation period expiring on the 5th of August 2022. The MFSA worked on introducing an updated major ICT-related incident reporting process that replaces the previous process that was communicated on the 25th of September 2019 entitled ‘Cybersecurity - Threat Mitigation’. The former process was introduced with the aim of safeguarding national as well as international financial institutions from malicious attack campaigns. The MFSA issued a renovated major ICT-related incident reporting process in line with…
Anthea Sammut​
17th October 2022
Corporate Governance Code for Regulated Entities
Corporate and M&ATessa 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
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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
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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