Investment Services are regulated by the Investment Services Act (‘ISA’), Chapter 370 of the Laws of Malta. The ISA describes the various instruments and services regulated by the Act. The instruments regulated include securities, options, swaps and collective investment schemes whilst the services regulated include investment advice and management, the execution of orders on behalf of other persons and the reception, transmission and submission of orders in relation to various investment instruments.
Under Maltese law, the provision of an Investment Service in or from Malta is a licensable activity. The ISA provides the foundation for the licensing and regulation of persons and companies wishing to set up investment services undertakings, collective investment schemes and funds amongst others. Investment services business may not be undertaken in Malta or from a base in Malta without a valid investment services licence from the Malta Financial Services Authority (MFSA). As a member of the EU, Malta also carries the added advantage of enabling Malta licensed investment service providers to passport into other EU jurisdictions and vice-versa.
Dingli & Dingli Law Firm regularly provides advice on the different types of investment services licences businesses can obtain in Malta, pass-porting opportunities available as well as ongoing regulatory advice. Our team also has extensive experience with handling the licensing process with the MFSA and guiding clients on the rules and regulations applicable to the licensing category concerned.
