Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 21 FEBRUARY 2014

AIFMD: MFSA Issues FAQs

GVZH Advocates
GVZH Advocates
Contributor
GVZH Advocates

GVZH Advocates

GVZH Advocates is a modern and sophisticated legal practice comprised of top-tier professionals,...

View firm profile
Explore more from GVZH Advocates

The Malta Financial Services Authority ('MFSA') had published its first list of frequently asked questions on the 6th of February, 2014.

MaltaFinance and Banking
GVZH Advocates
GVZH Advocates
Author LinkedIn connections

The Malta Financial Services Authority ('MFSA') had published on the 6th of February, 2014 its first list of frequently asked questions.  The document highlights important legal aspects of the implementing provisions of the Alternative Investment Fund Managers Directive ("AIFMD"). These include aspects pertaining to delegation, and the interplay between the various types of licences.

Recently, on the 14th of February, 2014, the MFSA published on its website a revised version the FAQs in order to provide an update on the passporting of MiFID services under Article 6(4) of the AIFMD. it has now been clarified that the right to passport an AIFM's services in other Member States extends to any services under Article 6(4) of AIFMD (the so-called 'MiFID services').

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Publication Of Commission Delegated Regulation Implementing Key Prospectus Reforms Under The EU Listing Act

The European Commission has published new delegated regulations amending the EU prospectus disclosure regime, introducing streamlined content requirements and standardized formats for various categories of prospectuses. These reforms, part of the broader EU Listing Act package, aim to reduce regulatory burdens for issuers while maintaining investor protection, with key changes including reduced historical financial information requirements and simplified disclosure obligations.
European UnionFinance and Banking
Ganado Advocates
Ganado Advocates
Article

CRD VI And Cross-Border Lending: What Third-Country Credit Institutions Need To Know

The European Union's Sixth Capital Requirements Directive introduces a groundbreaking EU-wide framework requiring third-country credit institutions to establish authorised branches when providing core banking services within the EU. This new regime, effective January 2027, replaces the previous patchwork of national rules with harmonised supervisory standards, though several exemptions and transitional protections apply to existing arrangements.
MaltaFinance and Banking
Camilleri Preziosi
Camilleri Preziosi
Article

AIFMD II Opens The Door To Loan Origination Funds In Malta

With AIFMD II now transposed into Maltese law, fund promoters, asset managers and family offices have access to new regulatory pathways for establishing loan origination and private credit vehicles in Malta. The revised framework expressly permits corporate lending by Alternative Investment Funds, while the updated NAIF regime brings loan origination within scope, opening doors to EU-wide distribution through the AIFMD marketing passport.
MaltaFinance and Banking
Finance Malta
Finance Malta
Article

EBA Publishes The Final Guidelines On The Sound Management Of Third-party Risk Regarding Non-ICT Services

The European Banking Authority has issued comprehensive guidelines addressing how financial institutions must manage risks associated with third-party service providers for non-ICT services. These new requirements expand beyond previous outsourcing frameworks, introducing broader applicability and more detailed governance standards for critical and important functions.
European UnionFinance and Banking
Ganado Advocates
Ganado Advocates
Article

How Do Funds Differ Between Payment Institutions And Electronic Money Institutions?

Payment Institutions and Electronic Money Institutions handle customer funds differently under EU law. While Payment Institutions use payment accounts for short-term transaction processing, Electronic Money Institutions store monetary value indefinitely in digital wallets. Understanding the legal distinction between these account types is crucial for fintech companies navigating PSD2 and EMD2 compliance requirements.
MaltaFinance and Banking
MK Fintech Partners
MK Fintech Partners
Article

When AI Meets Children: Italy’s Garante Fines Character.AI Over Transparency And Safeguarding Failures

The Italian Data Protection Authority has issued a landmark decision against Character Technologies, Inc., examining how generative AI services must comply with GDPR requirements when processing personal data for model training and operation. The case establishes critical precedents for transparency obligations, age verification mechanisms, and the timing of data protection impact assessments for AI developers operating in the European Union.
European UnionPrivacy
GVZH Advocates
GVZH Advocates
Article

The Concept Of “Single Source” In The Equal Pay (Transparency And Reporting) Regulations

Malta's new Equal Pay Regulations introduce a restrictive 'single source' test for cross-employer pay comparisons that may conflict with EU law. This analysis examines whether Regulation 8's requirement that undertakings be under common control and carry out the same economic activity is compatible with the broader CJEU interpretation established in Lawrence and codified in Directive 2023/970.
European UnionEmployment and HR
GVZH Advocates
GVZH Advocates
Article

The Enforcement Shift: Why Cyber-Negligence In Malta Now Carries Direct Liability

Recent legislative changes in Malta have fundamentally transformed cybersecurity from a technical IT concern into a critical matter of corporate governance and legal liability. With the introduction of Legal Notice 89 of 2026 and the rise of AI-enabled cyber threats, organizations now face direct enforcement mechanisms and heightened expectations for cyber-risk management that can expose both companies and their directors to significant consequences.
MaltaTechnology
GVZH Advocates
GVZH Advocates
Article

Managing Hybrid & Remote Work: Legal Pitfalls For Employers In Malta

Remote and hybrid work arrangements in Malta carry significant legal implications that extend far beyond operational convenience. Employers must navigate a complex web of employment protections, working-time regulations, data protection requirements, anti-discrimination duties, and cross-border tax considerations. Without proper contractual frameworks and compliance procedures, organizations risk employment claims, discrimination awards, regulatory enforcement action, and unexpected permanent establishment
MaltaEmployment and HR
GVZH Advocates
GVZH Advocates