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ARTICLE · 10 FEBRUARY 2021

The Nature And Art Of Financial Supervision - Volume II

The Malta Financial Services Authority ("MFSA" or "the Authority"), the single regulator for financial services in Malta, identified potential risks and a number of disadvantages in having the crypto-asset sector operating in a regulatory vacuum.

MaltaTechnology

Introduction

The Malta Financial Services Authority ("MFSA" or "the Authority"), the single regulator for financial services in Malta, identified potential risks and a number of disadvantages in having the crypto-asset sector operating in a regulatory vacuum. It was in this context that it was decided to develop a specific framework for the regulation of crypto-assets in Malta, designed to protect investors, ensure market integrity (including the prevention of money laundering and the financing of terrorism) and safeguard financial soundness.

The approach taken by the Maltese legislator was not to regulate crypto-assets per se, but rather the persons issuing such assets and/or providing services in relation thereto, in or from within Malta. The Virtual Financial Assets Act (Cap 590 of the Laws of Malta) ('VFAA' or 'the Act') regulates persons providing intermediary services, inter alia, custodians of crypto-assets, operation of crypto exchanges, brokerage

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