Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 APRIL 2020

MFSA Clarifies Certain Requirements Under The VFA Framework

WH Partners
WH Partners
Contributor
WH Partners

WH Partners

We are a law firm with a strong focus on assisting businesses fuelling the digital economy. We have...

View firm profile
Explore more from WH Partners

On the 25th of March 2020, Malta Financial Services Authority ('MFSA') updated the Virtual Financial Assets ('VFA') Rulebook FAQs.

MaltaFinance and Banking
Tanja Dimitrijevic
Tanja Dimitrijevic
Christine Teuma
Christine Teuma
Author LinkedIn connections

On the 25th of March 2020, Malta Financial Services Authority ('MFSA') updated the Virtual Financial Assets ('VFA') Rulebook FAQs.

We have analysed these changes and we have identified the following:

Assessing a virtual financial asset

R3-3.2.2.1.2, in Chapter 3 of the MFSA VFA Rulebook, states that when assessing a virtual financial asset, the Licence Holder shall take into account the following factors:

  • The technological experience, track record and reputation of the issuer and its development team, and
  • The determination in accordance with the Financial Instrument Test.

The considerations requisite when assessing a virtual financial asset, were extended to the following:

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

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

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

Same NPC, Different Rules: How A Player’s Age Changes Their Responsibilities Under The AI Act

The EU AI Act's Article 50 introduces age-dependent disclosure requirements for AI-powered NPCs in video games, creating a new compliance framework where the same generative character may require explicit labeling in one context but not another. This provision intersects with emerging consumer protection regulations and child safety standards, fundamentally changing how gaming studios must assess their AI implementations based on actual player demographics rather than abstract user models.
PolandTechnology
WH Partners
WH Partners
Article

EU AI Act: The Latest Compliance Checkpoint

The EU AI Act's transparency obligations became enforceable on 2 August 2026, requiring providers and deployers of AI systems to clearly disclose AI-generated content, inform users of AI interactions, and label deepfakes. Organizations must now navigate new compliance requirements including disclosure obligations for emotion recognition systems and content on matters of public interest, while facing potential fines of up to €15 million or 3% of global turnover for non-compliance.
European UnionTechnology
WH Partners
WH Partners
Article

New Pembroke Reverse Osmosis Plant: €10.2 Million Tender Launched By Malta Water Services Corporation

The Water Services Corporation has issued a major tender for the design, construction and commissioning of a new reverse osmosis desalination plant in Pembroke, Malta, with a nominal capacity of 11,200 m³ per day. The procurement follows EU Directive 2014/25/EU procedures and requires the existing plant to remain operational throughout the project's 100-week completion period. Economic operators must navigate extensive technical requirements covering reverse-osmosis systems, electrical infrastructure,
MaltaGovernment, Public Sector
WH Partners
WH Partners
Article

EU Reaches Compromise On PSD3 And PSR: Tighter Harmonisation, Crypto Rules And Stronger Consumer Transparency.

The European Union has reached a compromise on the Payment Services Directive 3 (PSD3) and Payment Services Regulation (PSR), introducing sweeping changes to harmonise payment rules across Member States. The package addresses fragmentation under PSD2 by migrating conduct-of-business rules into directly applicable regulations, while introducing new provisions on cash access, cryptocurrency payment services, fraud liability, and open banking.
European UnionTechnology
WH Partners
WH Partners