This seventh instalment in the AI & Funds series revisits the six previous briefings issued when the law was still in draft and provides a comparative legal analysis of how the EU framework on artificial intelligence, ultimately promulgated as Regulation (EU) 2024/1689 (the "AI Act"), has settled in relation to investment funds. The AI Act has a staggered application schedule that culminates in August 2027. Article 50 of the AI Act on transparency is the section most likely to be relevant to investment funds in practice; and this becomes applicable in August 2026. The following six sections examine each prior…
One of the aims of Regulation (EU) 2023/1114 (“MiCA”) is to bring stability to digital asset markets by ensuring that market abuse is prevented before it can even occur. In Malta, the MFSA enforces these standards through the powers given to it under Chapter 647 together with second-level measures, including European Commission Delegated Regulations and ESMA Regulatory Technical Standards. The rules on market abuse in MiCA closely correspond to those of the EU’s Market Abuse Regulation (“MAR”). For crypto-asset service providers (“CASPs”) the task is clear: prevent abuse and protect market stability with firm governance, disciplined disclosure, and surveillance that…
We are pleased to issue the sixteenth edition of the Regulatory Compliance Quarterly Update. 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, CSPs, fintech, insurance undertakings and insurance intermediaries. The sixteenth 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 to contact Michael…