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MiCA

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
EU flag on currency
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
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
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
Mamo TCV: To date, Embedded Finance has neither been defined in Maltese nor EU law
FinTech Insights #6 –
Embedded Finance in Malta FinTech

FinTech Insights #6 –
Embedded Finance in Malta

The concept of embedding a financial service within a non-financial service entails the integration of licensable financial activities into non-financial digital platforms. The embedded services typically encompass payments, lending, investments, and insurance. The financial services are integrated into platforms such as social media and various productivity/lifestyle applications, which would otherwise not be considered as financial products at all. Embedded Finance (commonly abbreviated as “EmFi”) is the term associated with the notion of integrating a regulated financial service within a digital platform that is unregulated for that specific financial service. EmFi raises legal queries relating to compliance, investor protection, and financial…
Mario Mizzi
22nd March 2024
Fintech Insights #5 –
Reverse Solicitation in EU’s MiCA Banking & FinanceFinTech

Fintech Insights #5 –
Reverse Solicitation in EU’s MiCA

The Markets in Crypto Assets Regulation (MiCA)1 provides the legal framework for digital asset services within the European Union. This regulation, detailed with its 149 articles and 6 annexes, mandates that entities wishing to provide digital asset services across the EU must secure authorisation in one of the EU Member States. It impacts Malta not only because of the regulation’s direct applicability but also because the jurisdiction is known for its forward-thinking stance in financial technology law due to its early implementation of the Virtual Financial Assets Act, Chapter 590 of the Laws of Malta. In this fintech insight, rather…
Mario Mizzi
14th November 2023