Financial Services & Fintech

Legal and regulatory advice for businesses operating in Malta's financial services and fintech ecosystem

FD Legal advises businesses on the legal and regulatory considerations arising from financial services and fintech activities in Malta. The practice assists businesses assessing regulatory requirements, preparing licensing applications and navigating ongoing regulatory obligations.

Licensing & Authorisation

Businesses providing regulated financial services in Malta may require authorisation or registration depending on the nature of their activities and business model. FD Legal assists businesses in assessing regulatory requirements and preparing for engagement with the relevant authorities.

  • MFSA licensing and authorisation applications

  • Regulatory perimeter and classification

  • Regulatory strategy and application preparation

  • Legal and regulatory opinions

  • Regulatory correspondence and submissions

  • Governance and organisational requirements

  • Regulatory considerations for fintech platforms

Payment Services & Electronic Money

Advice concerning payment services, electronic money and related financial technology activities, including the regulatory requirements applicable to different payment and account-based business models.

  • Payment Institution and Electronic Money Institution matters

  • Payment services regulatory analysis

  • Payment initiation and account information services

  • Safeguarding arrangements

  • Payment account and money remittance activities

  • Regulatory analysis of payment flows and business models

  • Outsourcing and third-party arrangements

  • Ongoing regulatory obligations

  • Governance and internal policies

  • Outsourcing and third-party arrangements

  • Safeguarding considerations

  • Risk management and compliance frameworks

  • Regulatory reporting considerations

  • Regulatory correspondence and submissions

FD Legal advises regulated and technology-driven businesses on ongoing legal and regulatory requirements and the development of appropriate compliance arrangements.

Regulatory Compliance

Fintech Business Model

The regulatory treatment of a fintech business depends on the activities it performs, the services it provides and the way funds, accounts, data and technology are used. FD Legal assists businesses in analysing proposed structures and identifying relevant legal and regulatory considerations.

  • Regulatory perimeter analysis

  • Business model classification

  • Funds and payment-flow analysis

  • Platform and technology arrangements

  • Third-party and outsourcing structures

  • Cross-border considerations

Digital Finance & Technology

  • Fintech platform arrangements

  • SaaS and technology agreements

  • API and platform arrangements

  • Technology outsourcing

  • Cloud and third-party technology arrangements

  • Technology-related contractual risk

  • Legal considerations concerning digital financial products

Technology is increasingly central to the delivery of financial services. FD Legal advises businesses on legal issues arising from technology-enabled financial products, platforms and services.

Governance & Outsourcing

Regulated businesses must establish appropriate governance arrangements and carefully manage relationships with service providers and other third parties. FD Legal advises on the legal and regulatory considerations arising from these arrangements.

  • Governance and organisational structures

  • Internal policies and regulatory frameworks

  • Outsourcing arrangements

  • Third-party service provider agreements

  • ICT and technology arrangements

  • Regulatory responsibilities in outsourced arrangements

  • Contractual allocation of responsibilities and risk

Regulatory Opinions & Advice

FD Legal provides legal and regulatory analysis concerning proposed activities, business models and regulatory requirements, including matters involving the application and interpretation of Maltese and EU financial services legislation.

  • Regulatory perimeter analysis

  • Licensing and authorisation requirements

  • Classification of financial services activities

  • Analysis of proposed business models

  • Maltese and EU regulatory considerations

  • Regulatory correspondence and submissions

  • Legal and regulatory opinions

FD Legal advises businesses considering establishing or conducting regulated activities in Malta on the Maltese legal and regulatory framework and its interaction with applicable EU requirements.

Cross-Border & EU Regulatory Matters

  • Establishment of regulated businesses in Malta

  • EU regulatory framework considerations

  • Cross-border business models

  • Regulatory passporting considerations

  • Malta-based operations and structures

  • Interaction between Maltese and EU requirements

If you are establishing, expanding or restructuring a financial services or fintech business in Malta, FD Legal can discuss the nature of the proposed activities and the legal and regulatory issues involved.

Discuss a Financial Services or Fintech Matter