Our specialised Financial Services practice consists of a multi-disciplinary team of lawyers, accountants and tax specialists drawn from our banking, capital markets, investment services, fund services, insurance, corporate, tax, and real estate practices. Our lawyers, as well as, all our professionals have an unrivalled breadth and depth of experience working with a broad range of financial services institutions, credit institutions, insurance companies, funds and investment services companies. Our specialist expertise and financial services law knowledge enable our advisors to provide results-driven commercial advice to these financial entities on some of their most complex transactions and to help them address some of their most challenging business issues.
Malta Financial Services Law
During the last 20 years, Malta has established itself as a significant and reliable jurisdiction in the industry of financial services and has grown into a jurisdiction of choice for top-ranked financial businesses seeking to set up shop or relocate within an trustworthy EU domicile. The local regulator for all financial services in Malta, the Malta Financial Services Authority (MFSA), has played an instrumental role in the growth of the financial services industry on our shores.
With hundreds of hedge funds, retail funds and UCITS schemes, founded on the island every year, Malta is considered to be a leading hub for investment funds. Professional Investors Funds (PIFs) remain the most popular hedge fund provided in Malta, serving as a flexible vehicle which enables investors to implement highly innovative investment strategies. Furthermore, Malta introduced the Alternative Investor Funds (AIFs) which serve as excellent alternative to the Maltese hedge funds.
With years of experience providing sound legal advice in this sphere of financial services, our Financial Services lawyers at Chetcuti Cauchi can help you choose the best investment vehicle to suit your needs.
A wide range of insurance companies have chosen to set up their business in Malta and operate across all EU member states. Malta vaunts a comprehensive insurance law framework which is in conformity with the relevant EU directive and grants passporting rights. Thus, companies licensed in Malta can access the EU’s single market directly without the need of acquiring any other licences. Malta also offers diverse legal structures that in the field of insurance that Malta offers, such as Protected Cell Companies (PCCs) and Incorporated Cell Companies (ICCs).
At Chetcuti Cauchi, we assist clients with the attainment of a licence. We have years of experience in drafting applications, communicating with the local regulator and ensuring our clients’ business remains fully compliant to the law.
Investment Services Law
Our Investment Services Law practice is geared towards helping clients attain a Malta Investment Services Licence which may also be passported throughout the EU. Malta’s Investment Services Law provides for four different categories of investment services which are calibrated according to the level of sophistication of the business in question. Our lawyers can help you acquire the licence your business needs and also offer a broad array of services, including post-licensing compliance, corporate and personal tax, accounting, and project management for the entire set-up process for the client.
Through a strategic mix of legal, tax and accounting and finance professionals, our Financial Institutions practice is geared towards helping clients interested in setting up financial institutions within our shores. The main financial institutions which are flourishing in Malta are the Payment Service Providers and the Electronic Money Institutions. Our lawyers can assist you with the local setting up procedures and post-licensing compliance for such financial institutions.
Recognised Financial Entities
Recognised Financial Entities are entities which do not need a licence to operate, but only a recognition from the local regulator, the MFSA. Two of these entities are Fund Administrators, who carry out activities in support of the actual process of running a collective investment scheme, and Recognised Incorporated Cell Companies (IICs) which are a modern and flexible alternative to insurance businesses. Our lawyers have a longstanding experience in communicating with the regulator, thus we will make sure your recognised financial entity will be regulated.
Credit Institutions Law
Through our Credit Institutions Law practice, Chetcuti Cauchi advises banks and financial institutions on regulatory, licensing, 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.
The Fintech industry is the latest innovation which is causing a number of changes within the financial sector. Businesses which fall under the broad Fintech umbrella term are those which offer financial products to a global audience through the internet, thus offering a improved product through greater connectivity and accessibility of online data made possible through our every-day communication devices.
Fintech services include money transfer solutions, peer to peer loans (P2P) via crowd funding platforms, virtual currency operators, online securities intermediaries as well as online wealth management services
TCSP (Trustee/CSP Licence)
Our TCSP practice is a very broad one, as it comprises several services which fall under the extensive services offered by a TCSP. Through our firm’s authorised trust company, we can provide TCSP services, but we also help prospective trustees and Company Service Providers (CSPs) attain their licence.
Our firm offers regulatory compliance services to CSPs, trustees and entities licensed under the Investment Services Act. Our professionals act as compliance officers for licence holders, making sure that the licence holder’s business remains fully compliant to the various obligations and conditions established by law.
Financial Regulatory Consulting
As key players in the business, our professionals have years of experience in dealing with the MFSA, the local regulator. Therefore they can provide optimal financial regulatory consulting at pre-licensing, set-up and post-licensing stages, and offer a specialist insight on various corporate, tax and regulatory matters.