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MiCA

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Payments Insights #5 – When CASPs Overlap PSPs Banking & FinanceFinTech

Payments Insights #5 – When CASPs Overlap PSPs

The EU’s Markets in Crypto-Assets Regulation (MiCA) provides in Article 70(4) that a crypto-asset service provider (CASP) offering payment services related to its crypto activities must either obtain a payment institution authorisation itself or partner with an authorised payment service provider (PSP) under PSD2. This reflects the “dual nature” of certain crypto-assets: notably, MiCA classifies e-money tokens (i.e. stablecoins) as electronic money, meaning they are not only crypto-assets under MiCA but also “funds” under the Second Payment Services Directive (PSD2). In practice, this dual status raised uncertainty about whether CASPs dealing in stablecoins need a separate PSD2 licence in addition…
Katya Tua and Mario Mizzi
4th July 2025
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ICT Aspects of a MiCA Application DORAFinTech

ICT Aspects of a MiCA Application

On the 17th of June 2025, the Malta Financial Services Authority (“MFSA”) published a circular titled ‘Follow-Up Circular to the Industry on the Authorisation Process for MiCA Applicants’. The circular concerns the authorisation process for crypto-asset service providers (CASPs) under Regulation (EU) 2023/1114 on Markets in Crypto-Assets (MiCA), as integrated in Maltese law through Chapter 647.  This circular supplements the Authority’s communication of the 10th December 2024 which was explained in a previous legal update. The June 2025 circular introduces two additional annexes that are now required as part of a complete MiCA application file. These are Annex AX05 (Digital…
Mamo TCV Advocates
20th June 2025
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MFSA Amends MiCA Rulebook FinTech

MFSA Amends MiCA Rulebook

On the 16th of June 2025, the Malta Financial Services Authority (“MFSA”) published a circular containing an updated version of the Markets in Crypto-Assets (MiCA) Rulebook, together with targeted amendments to Chapter 3 of the Financial Institutions Rulebook (FIR/03). These updates implement the recently issued Level 2 and Level 3 EU measures under the MiCA framework and clarify the notification procedures for crypto-asset market participants. The updated provisions are effective immediately as of its publication. The updates to the MiCA rulebook were carried out to ensure alignment with recently published guidelines by the European Supervisory Authorities (“ESAs”), and are as…
Mamo TCV Advocates
17th June 2025
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MFSA Consolidates Maltese CASP Supervision FinTech

MFSA Consolidates Maltese CASP Supervision

On the 4th of April 2025, the Malta Financial Services Authority (“MFSA”) published a circular addressed to all crypto-asset service providers (“CASPs”) licensed under the Markets in Crypto-Assets Act, Chapter 647 of the Laws of Malta, which integrates the EU’s Markets in Crypto-Assets Regulation (“MiCAR”). The circular informs CASP licence-holders (“LH”) of the publication of the Crypto-Asset Service Provider Return (“CASP Return”). The CASP Return forms part of the MFSA’s efforts to build a consistent and transparent regulatory framework for CASPs in Malta. Through the introduction of formalised reporting obligations, the Authority will support greater regulatory oversight and contribute to…
Mamo TCV Advocates
8th April 2025
Fintech Insights 9
Fintech Insights #9 –
Tokenisation in Malta FinTech

Fintech Insights #9 –
Tokenisation in Malta

Tokenisation is the process of converting legal rights of a real-world-asset (“RWA”) into a digital token that is recorded on a decentralised ledger. Asset-referenced tokens (“ARTs”) can tokenise physical assets such as buildings and commodities; or intangible assets including bonds, equities, intellectual property, quarrying/mining rights or renewable energy credits. ARTs provide a decentralised and transparent way to manage and transfer ownership. The process often involves the use of smart contracts, which automate and enforce the terms of agreements, enhancing efficiency and reducing counterparty risks.  Unlike derivative products, RWA-backed tokens which are licensed as ARTs confer an immutable legal title of…
Mario Mizzi
9th January 2025
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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