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Senior Regulatory Advisor

Martha Chetcuti

Martha Chetcuti

Martha Chetcuti is a Senior Regulatory Advisor within the Investment Services department of Mamo TCV Advocates. She started her career in investment analysis and technical research in wealth management. Prior to joining the firm, Martha was a deputy head at the Malta Financial Services Authority (MFSA). At the MFSA, Martha was involved in the regulation and supervision of funds and related service providers, the development of a framework to regulate virtual assets, and other FinTech and innovation related policy initiatives.

Photo of Martha Chetcuti

Education

  • Bachelor of Commerce (Hons) Banking and Finance (2012, University of Malta)
  • Master of Arts in Financial Services (2017, University of Malta)

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Address

MAMO TCV Advocates
Palazzo Pietro Stiges
103, Strait Street
Valletta, VLT 1436
Malta

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Insurance & Reinsurance

Regulatory Compliance Quarterly Update | Q1 2023

We are pleased to issue our fourth edition of the Regulatory Compliance Quarterly Updates. These updates are intended to keep Maltese regulated entities informed of regulatory changes and developments taking place in the local financial services space. In this issue, we focus on the sector specific and cross-sectoral regulatory updates relating to Investment Services and Asset Management, Company Service Providers, Insurance Undertakings, and Insurance Intermediaries. Our fourth Regulatory Compliance Quarterly Update can be found here.The Regulatory Compliance Quarterly Update does not purport to give legal, regulatory,financial or tax advice. Should you require further information or assistance, please do not hesitate…
AI systems are ultimately complex computer codes whose output reflects their input. If the inputted data contains human bias, the AI system tends to produce results which exacerbates existing biases. In this insight briefing, we analyse the effect that human bias in AI could have on EU investment funds.
Investment Services & Funds

AI & Funds #5 – Human Bias

In an underground burial temple located within the EU’s southernmost State, one can find a primitive drawing of a spiralling never-ending red tree. Archaeologists opine that the millennia-old Saflieni Hypogeum’s ‘Tree of Life’ was painted to give meaning to death. There is no evidence that the Maltese prehistoric biosphere sustained red spiralling trees. If archaeologists did not inform us about this pictorial human bias, one might have assumed that never-ending trees did exist in Malta. Humans understand that trees are not never-ending and the red artefact is merely an imaginary depiction. On the other hand, Artificial Intelligence (“AI”) knows that…
The legal obligation to disclose information is a frequent occurrence in investment services laws. The draft framework for regulating artificial intelligence in the EU also puts vigorous emphasis on transparency. In this insight briefing, we compare the transparency obligations under the AIFMD with Article 52 of the draft EU AI Act to analyse the former’s adroitness for AI utilisation.
Investment Services & Funds

AI & Funds #4 – Transparency Obligations

In the ‘Proposal for a Regulation laying down harmonised rules on artificial intelligence’ (the “draft EU AI Act”), transparency is regulated by Article 13 and Article 52 thereof. The former applies to systems of Artificial Intelligence (“AI”) which are classified as high-risk and the latter applies to limited-risk AI systems. As explained in the previous briefing of this series of insights on AI and investment funds, the use of AI in investment services will generally fall under limited-risk AI systems. The reason being that high-risk AI systems as defined under the draft EU AI Act do not include AI systems…
The proposed EU AI Act will provide for four risk classifications of artificial intelligence. Each classification will trigger different rules. In this insight briefing we analyse the use of AI in investment funds to determine which one of the four AI classifications would be applicable.
Investment Services & Funds
AI & Funds #3 – Risk Classifications
In this insight briefing, we analyse the draft EU directive on non-contractual liability relating to AI and compare it with non-contractual liability in the UCITS V directive and the AIFMD to decipher how AI’s non-contractual liability can impact EU-licensed investment funds.
Investment Services & Funds
AI & Funds #2 – non-contractual liability
we share our insights on when the investment discretion shifts from humans to AI by analysing whether a legal definition of artificial intelligence has been determined.
Investment Services & Funds
AI & Funds #1 – investment discretion