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Notified PIFs: MFSA publishes Consultation Document

The Malta Financial Services Authority (‘MFSA’) has published a set of draft Investment Services Rules and draft amendments to existing rulebooks for the proposed framework of ‘Notified Professional Investor Funds’ (Notified PIFs). The MFSA also intends to issue a dedicated application form, appendices, checklists and guidance notes on the new regime. In drafting the new…

SMB publishes guidance notes on screening obligations

On the 23rd December, the Sanctions Monitoring Board (‘SMB’) issued two guidance notes on the applicability of screening obligations against sanctions and adverse media. The National Interest (Enabling Powers) Act imposes certain obligations on screening against sanctions lists or restrictive measures imposed by the European Union and the United Nations. The Act further specifies that…

The DLT Pilot Regime: ESMA issues guidelines to applicants

On the 15th December 2022, the European Securities and Markets Authority (ESMA) published the Final Report comprising of guidelines on standard templates, forms and formats to be used by market participants when applying for permission to operate any type of Distributed Ledger Technology (‘DLT’) based market infrastructure under the DLT Regulation (‘DLTR’). The Report also…

ESMA launches consultation on names for green funds

The European Securities and Markets Authority (ESMA) has launched a consultation to develop guidelines on funds’ names with ESG or sustainability-related terms. In terms of the proposed guidelines, ESMA aims to address risks of ‘greenwashing’ where funds are named as green or socially sustainable despite failing to meet sufficient sustainability standards commensurate with that name….

The European Markets in Crypto-Assets Regulation (MiCA) and its Implications for the MFSA and Malta

On the 6th of October, the Malta Financial Services Authority (‘MFSA’) gave an overview of the anticipated impact of the provisional agreement reached by the Council presidency and the European Parliament on the MiCA proposal. Such development is regarded as significant since it aims at creating a harmonised regulatory framework for crypto assets at EU…

Instagram fined €405M for violating GDPR regulations

Last week, the Irish Data Protection Commission fined Instagram owner Meta 405 million euros for breaching the privacy rights of children under the EU General Data Protection Regulation (“GDPR”). The investigation which had started back in 2020, focused on how the platform allowed users aged between 13 to 17 years to operate accounts which showed…

New Amendments to the Commercialisation of Sports Facilities Regulations

On the 29th of July 2022, a new legal notice entered into force which brings about certain important changes to the Commercialisation of Sports Facilities Regulations (the “Regulations”). The Regulations, which came into force in 2017, created a legal framework that enables sports organisations to operate commercial activities on their premises. The new amendments seek…

MFSA launches Corporate Governance Code for Authorised Entities

The MFSA has issued a Corporate Governance Code for authorised entities following a consultation process which commenced in 2020. The Code brings forth a list of guiding principles applicable to all unlisted entities authorised by the MFSA, thus excluding natural persons. The Code aims to enhance the legal, institutional and regulatory framework for good governance…

ESMA Publishes Peer Review Report on the Scrutiny and Approval Procedures of Prospectuses by Competent Authorities

As mandated in terms of Article 20(13) of the Prospectus Regulation (the ‘Regulation’), on the 21 July 2022, ESMA published its peer review of the scrutiny and approval procedures of Competent Authorities in terms of the Regulation. Whilst ESMA gave the MFSA – qua National Competent Authority in terms of the Regulation – in terms…

MFSA Publishes Circular on Guidelines to Apply for Permission to Operate a DLT Market Infrastructure

The MFSA has, today, published a Circular informing market participants on a consultation process initiated by ESMA on the application process for permission to operate a Distributed Ledger Technology (‘DLT’) based market infrastructure. Following the publication of Regulation (EU) 858/2022 on a pilot regime for DLT-based market infrastructures, ESMA has issued a Consultation Paper on…