Malta's Growth Challenged By Custody Conundrum

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.

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.

On the 15th of June 2026, the European Commission published Commission Implementing Regulation (EU) 2026/1291 introducing a revised set of implementing technical standards under the Market Abuse Regulation...

Malta has emerged as a leading jurisdiction for Electronic Money Institutions and Payment Service Providers seeking EU market access. With a responsive regulator, efficient licensing timelines, full EU passporting rights...

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.

Capital Markets are often surrounded by misconceptions and technical jargon, yet they play a central role in how businesses grow and economies develop.

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.

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.

WH Partners examines Malta's comprehensive regulatory framework for digital assets, detailing licensing requirements, compliance obligations, and the jurisdiction's alignment with EU MiCA regulations. The analysis covers critical operational considerations for businesses in the digital asset space, from AML/CFT requirements to emerging trends in tokenisation and decentralised finance.

New measures on the provision of contracts for differences (‘CFDs') and binary options to retail investors have been formally adopted by the European Securities and Markets Authority (‘ESMA') ...