Notified PIF regime Edges Closer: MFSA publishes draft legislation

The Malta Financial Services Authority (the ‘MFSA’) has published a second consultation document together with draft legislation regulating the Notified PIF (‘NPIF’) framework.

MFSA Issues Market Abuse Self-Assessment for Investment Services Providers

By virtue of a Circular issued to the Investment Services industry, the MFSA confirmed that all investment services providers will need to submit an online self-assessment to determine whether the activities which they carry out fall within the scope of the Market Abuse Regulation (MAR).

MFSA Proposes to Remove NFT from Scope of VFA Framework

The Malta Financial Services Authority has issued a Consultation Document on the regulatory treatment of Non-Fungible Tokens (‘NFTs’) in the context of the Virtual Financial Assets (‘VFA’) Framework. The Consultation sets out the MFSA’s proposal for clarification on the treatment of NFTs in the context of the VFA Framework and seeks to obtain stakeholder feedback in this regard.

MFSA Investment Services Rulebooks Amended to Align with ESMA Guidelines on Stress Test Scenarios under the Money Market Funds Regulation

The MFSA has published a Circular addressed to the Investment Services industry to confirm several amendments to the MFSA Rulebooks pursuant to the ESMA Guidelines on stress test scenarios under the MMF Regulation (the ‘Guidelines’).

MFSA Launches Corporate Governance Code

On the 5th August 2022, the MFSA launched its Corporate Governance Code (the ‘Code’) for authorised entities.

Fine-Tuning the MFSA ‘Notified AIF’ Regime

On the 24th June 2021, the MFSA issued a Circular to inform the Funds industry of the publication of a revised version of the Notified Alternative Investment Fund (‘NAIF’) Rules.

MFSA Consultation Document – CSP Rulebook

On the 1st December, the MFSA issued a Consultation Document in connection with a Rulebook for Company Service Providers. This Rulebook supports the amendments made to the Company Service Providers Act, Chapter 529 of the Laws of Malta, (the “Act”) which were published on the 13th November 2020.

Maltese Government published new Malta Citizenship by Direct Investment Regulations

On the 20th November, by virtue of Legal Notice 437 of 2020, the Maltese Government issued new rules regulating the acquisition of Maltese Citizenship by Direct Investment formally referred to as ‘Maltese Citizenship by Naturalisation for Exceptional Services by Direct Investment, commonly referred to as the Maltese Exceptional Investor Naturalisation (MEIN)’ and regulated by Article 10(9) of the Maltese Citizenship Act, Chapter 188 of the Laws of Malta.

European Commission closes infringement procedures against Malta in connection with the VAT treatment of yacht leasing

On 30 October 2020, the European Commission closed certain infringement procedures initiated against Member States for not complying with the provisions of the Council Directive 2006/112/EC (“VAT Directive”). The VAT treatment of yacht leasing in Malta had been among the procedures undergoing examination.

Widening of Powers of Malta Registrar of Companies

On 11th August 2020, Act XVII of 2020 amending the Second Schedule to the Civil Code (hereinafter referred to as the Second Schedule) was published. By virtue of these amendments, the functions of the Registrar of Companies have been widened to the extent that he shall now not only exercise such functions but shall also exercise the functions of Registrar of Legal Persons in relation to foundations and associations as specified in the Second Schedule and in any subsidiary legislation made to the Second Schedule.

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