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Banking & Finance

Dr. Maria Chetcuti Cauchi
Malta Law Firm > Banking & Finance

Banking & Finance

Regional and global consolidations of business and financial markets and increased regulation are bringing about important changes in the banking and financial services industries. This has taken more significance in the light of the integration of the Maltese financial markets into the larger European Single Market, pushing Maltese market players into a larger financial playing field. While this has been a challenge for the local banking industry, the various market players have risen to the occassion and Malta's banking system is consistently ranked among the soundest in the world.

Malta's accessible regulator, competitive costs and business friendly environment have attracted a number of Banking Institutions to our shores. Malta, which has earned itself the reputation of being an excellent European hub for financial services, has lured various market players in either setting up their headquarters on the island, or establishing a branch herein or establishing an e-money institution within our shores. 

Banking Law in Malta

The Banking Act, 1994 is the main legislation presenting a  framework for the regulation and supervision of banks in Malta. A variety of legal notices regulating specific aspects of banking transactions and the regulation of credit institutions has also been issued under this main Act. One also finds that the Civil Code and the Commercial Code present various basic principles regulating transactions such as borrowing and loans, deposits, payments, setting off, pledges and hypothecation of property.

Our Banking Law Practice

Our expertise in the banking, pensions and financial services law and our direct industry knowledge help us better serve clients at an extremely challenging time. The firm advises on an array of banking law matters, including the granting of loans,  property loan transactions and mortgages, syndication, collateral, security enforcement, professional secrecy, online banking transactions, e-commerce transactions and merchant accounts and general licencing and compliance issues. 

Our specialist knowledge of the sector and its issues enables our lawyers to provide results driven commercial advice to Banks on some of their most complex transactions and to help them address some of their most challenging business issues.

Our Banking Lawyers

Our Banking & Finance Team consists of a multi-disciplinary group of lawyers drawn from our Banking, Capital Markets, Corporate, Tax, Litigation and Real Estate practices who have an unrivalled breadth and depth of experience of working with Banks in Europe, the Americas and Asia.

Chetcuti Cauchi advises banks and financial institutions on regulatory, licencing, operational and traditional substantive law issues. The firm also provides expertise in the legal and regulatory aspects of online delivery of financial products and services, particularly internet banking and online payment systems.



Featured Publications

Banking & Finance Publications

Malta Payment Services Directive 2 - Charles Cassar - 28/06/15
Malta Payment Services: Setting up a Payment Services Company in Malta - Charles Cassar - 28/09/14
Malta Payment Institutions - Stevie Aquilina - 21/08/14
Malta Loan Funds: MFSA Issues Investment Services Rules for Loan Funds - Charles Cassar - 16/04/14
Electronic Money Institutions : Licensing and Regulation in Malta - Charles Cassar - 07/04/14
Malta Bitcoin Company - Dr Charles Cassar - 05/10/13
Banking Stability and Financial Services in Malta - Dr Charles Cassar - 03/10/13
Malta Binary Options - Dr Charles Cassar - 25/07/13
Malta & Cyprus: A sea apart (European Commission Report on Malta) - Dr Maria Chetcuti Cauchi - 17/04/13
Malta Depositor and Investor Compensation Schemes - Cristina Maria Scerri - 14/03/12

Recent Work in Banking & Finance

We have assisted a group of innovators and entrepreneurs with the set-up of an innovative tech-driven business, an online platform by means of which customers can use fiat money to purchase virtual currencies ('videogame money' such as Linden dollars) and bitcoin. We advised our clients on all aspects of their tax and corporate structuring and in addition also assisted the clients with the obtainment of important regulatory clarifications establishing the unregulated nature of the business. The timely progress and conclusion of the project will permit the clients to gain first mover advantage in a rapidly moving and maturing industry, which is expected to necessitate greater regulatory oversight in the mid to near term. This innovative project is also expected to lead to a surge of interest in Malta bitcoin and Malta virtual currency activities. 

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+356 2205 6200
+44 20 7583 9433
Society of Trust and Estate Practitioners Institute of Financial Services Practitioners FinanceMalta The Malta Chamber of Commerce & Industry Malta Institute of Management The Foundation for Human Resources Development Malta Remote Gaming Council International Financial Law Review The International Tax Planning Association International Fiscal Association International Bar Association The Malta Institute of Accountants Legal500 HierosGamos Legal Directories Chambers & Partners


All Chetcuti Cauchi firms operate separately and independently under the Chetcuti Cauchi mark.
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Chetcuti Cauchi is a Malta Law Firm specialising in Malta Company Formation, Malta Tax Advisory, Malta Gaming Licenses, Malta Investment Funds, Malta Investment Services, Malta Permanent Residency, Cyprus Company FormationMalta Yacht Registration, Malta Ship Registration

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