MFSA Annual Report 2006

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2006

ANNUAL REPORT
Contents

Chairman’s Statement 2

Structure and Organisation 6

Supervision and Compliance of Licensed Companies 10

Legislative and Regulatory Developments 14

International Affairs 21

Human Resources Development 24

Business Development Overview 27

Consumer Complaints 38

Appendix A – List of the Bilateral and Multilateral Memoranda of Understanding 40

Appendix B – New Licences Issued during 2006 43

Abbreviations 45

2006
CHAIRMAN’S STATEMENT

The Malta Financial Services Authority (MFSA) is


pleased to present its report on the activities and
operations carried out in 2006.

A YEAR OF STABILITY AND GROWTH

Malta’s financial services industry had a very good


year in 2006. The country’s financial services Malta ‘the best up-and-coming captive insurance
economy remained stable, volumes grew in every jurisdiction in Europe’. The survey also rated Malta’s
sector of the finance industry and business with accessibility, tailored regulation and cost efficiency
the EU and the rest of the world continued as competitive with the world’s four leading
to flow in. domiciles for captive insurance.

It was a year that witnessed very strong The growth we anticipated following EU accession
performances by capital markets across the globe. has happened and there has been no let up in the
Most EU economies picked up momentum and flow of new business coming to the country.
China and India continued on their respective paths The Authority sees no short term barriers to
to global economic superpower status. China and continued growth.
India are producing large numbers of extremely
wealthy entrepreneurs and creating very high Success brings its own pressures on people and
growth companies in need of financial services organisational structures, no less the MFSA. The
expertise. It is not for me to speculate as to which Authority, however, benefits greatly from managers
jurisdictions will most benefit, but we do need to and staff of great quality and I wish to thank them
be aware that the immense changes taking place for their efforts in 2006. I also wish to thank my
in India and China will have a competitive knock- fellow Governors, whose experiences, intellectual
on effect, positive or negative, for the established skills and dedication to national success serves the
centres of London, New York and Frankfurt and Authority and the country so well.
eventually, for Malta. But, as always, people will
gravitate to places with skills, expertise and robust ASPIRING TO BE WORLD CLASS
systems to protect the consumer and investor.
These are the critical factors we must ensure will That we have done so well is a credit to the people
remain and the qualities we must effectively in the industry and to many others in the public
promote. and private sectors in Malta. The MFSA’s duties in
this area are quite clear. They are on the one hand
For the MFSA, the particular highlights of 2006 to enforce the law, help ensure stability in the
were the over 30% rise in the number of Funds, system and help protect consumers and, on the
including Professional Investor Funds (PIFs), other, to respond to the needs of the industry with
licensed by the Authority, which grew from one speed, accessibility, flexibility and efficiency. Those
hundred and forty-nine to two hundred, and the are qualities to be found in the world’s best
first successes in the country’s campaign to position managed businesses and at the MFSA we aspire
Malta as a global centre for affiliate, or ‘captive’, to have these qualities. Malta wants to attract only
insurance services. The first arrivals in this sector the best and the MFSA aims to provide the quality
are blue chip concerns from the UK and Germany. of experience expected by finance industry leaders,
Indeed, an independent survey by a specialist without at any time compromising our authority,
international insurance industry magazine rated status or integrity. That is what the industry tells

2
us it wants and it tells us we have a good record functional benefits of the Malta product and be
of delivering. good for the industry’s customers, good for
consumers, good for the industry itself and good
Staying at the top requires many qualities of an for Malta.
organisation. For a financial regulator the prime
quality is knowledge. Knowing the law of the land INFORMATION AND COMMUNICATIONS
and of the EU, knowing how law and international
agreements are interpreted, knowing the customs It is a measure of both the increased awareness of
and practices of other countries, knowing in-depth Malta’s status as a finance jurisdiction and the
about the purpose and structures of financial changing nature of global communications, that
markets and financial products, knowing when it the MFSA’s principal website for international
is right to say yes and right to say no. business recorded a daily average of around three
hundred and fifty hits throughout 2006, a year on
There is a great deal to know and it is incumbent year increase of 47%.
on the MFSA to make sure that its people have
access to all that they need in terms of research The MFSA’s website is also growing as a source of
and IT facilities and in terms of training and inquiries, with an average of one new inquiry every
continuing education. Knowledge and training are single day of the year. So important has the web
at the heart of the MFSA’s strategies for become, that we began planning a major overhaul
continuing success. of our website in 2006. We will launch the new site
in 2007, with the aim of easier and quicker
Since I have been Chairman of the Authority not a navigation and better presentation of information.
year has passed where I have not urged the industry While the reach and influence of the internet
to keep investing in training and education. This continues to grow, the MFSA places great emphasis
year is no different and I believe as strongly as ever on good relations with traditional media,
that our finance industry has a bright future only particularly specialist professional and trade
as long as we have the knowledge, skills and publications in the financial services field. Financial
expertise needed to compete in a very fast services is an industry of almost endless narrow
changing world. However, in the past we may have sub-sets and specialisations. Given sectors may be
underestimated the importance of creating a pool narrow and appear obscure to outsiders, but as
of technically qualified people below markets they are likely to be worth many billions
graduate level. of euro.

Such people perform vital and important middle- We were therefore pleased to be involved with the
level functions in the finance industry and we need activities of a number of specialist publishing
more of them if we are to attract more back office houses during 2006. These led to excellent media
functions and take advantage of organic growth. coverage and to involvement by local firms in
events at Lloyds of London and The London Stock
Compliance is one of the biggest costs faced by Exchange. The Authority also provided speakers
the finance industry everywhere in the world. No for influential events in the UK, France, Germany,
regulator in a high quality jurisdiction can risk Luxembourg and Sweden and welcomed a number
anything less than rigorous attention to the of EU Commission committees and sub-groups
compliance task, as we report later in this to Malta.
document. But much time and money can be saved
when trained staff, working in the financial services CONSUMER AFFAIRS
industry, know what needs to be done to meet
high compliance standards. A large pool of 2006 once again saw the Authority increase its
technically qualified people will add greatly to the activity in the area of consumer information and

3
consumer communications and witnessed an The advances that have been made across the EU
increase in the workload on the Consumer in the past decade have delivered clear benefits to
Complaints Manager. This year, for the first time, Malta. Therefore it is essential that we are fully
the MFSA has decided to produce the consumer involved in the relevant groups and committees,
affairs report as a separate, stand-alone, document. so that our own interests are protected and the
The document does form part of our legal reporting principles of a free and open market are not
to Parliament, but by publishing it separately we undermined. We need to be good Maltese and
are able to make our work on consumer protection good Europeans.
more widely available to the public. It is an
important piece of communication, which not only All of our senior regulators were involved with the
reports in a statistical manner, but also takes readers EU in their particular areas of expertise and
through a number of hypothetical case studies, responsibility, in addition to making contributions
based on real cases. We believe consumers, media towards the efficient development of
and the industry will find this approach helpful. domestic legislation.

PAN EUROPEAN CO-OPERATION ACCORD AND CONFIDENCE

Bringing about a truly open and universally Malta’s finance sector is young, vigorous, ambitious
beneficial single market in EU financial services and dynamic. As a country, we present the world
can happen only when there is full, deep and with a picture of a well managed, capable and
regular meeting and co-operation between efficient finance jurisdiction and industry. The
regulators, policy makers and industry. Details of country has built its modern finance jurisdiction
the EU and international bodies where the MFSA on firm foundations and we have good reason to
is involved with are given in the body of the report. be confident about the future.
There are too many to mention here, though suffice
to say that it is work of the highest importance
to Malta.

Prof. Joe V. Bannister

4
Structure and Organisation
STRUCTURE AND ORGANISATION

Left to right: - Dr. David Fabri, Dr. Anton Felice, Mr. Albert Attard, Mr. Joseph V. Laspina,
Prof. Joe V. Bannister, Mr. Frank Xerri de Caro, Mr. Michael Bonello, Prof. Charles J. Farrugia

Board of Governors

Chairman

Prof. Joe V. Bannister, B.Sc; M.Sc; D. Phil (Oxon)

Members

Mr. Albert Attard


Mr. Michael C. Bonello, M.A (Oxon); FCIB
Prof. Charles J. Farrugia, Ph.D (Lond.)
Dr. Anton Felice, LL.D
Mr. Joseph V. Laspina
Mr. Frank Xerri de Caro, ACIB

Secretary

Dr. David Fabri, LL.D

The Board of Governors is also the Listing Authority


for the purpose of the Financial Markets Act.

6
Supervisory Council

Chairman

Dr. André Camilleri, LL.D, Dip. Econ. & Ind. Law - Director General

Members

Dr. Marisa Attard, LL.D, ACII, Director – Insurance Business Unit


Dr. Anton Bartolo, LL.D, Director – Corporate Services Unit & Registrar of Companies
Mr. Karol Gabarretta, B.A (Hons.) Econ., M.A (Fin. Serv.), Director – Banking Unit
Ms. Cristina Parlato Trigona, B.A (Hons.) Accty., M.Sc, CPA, ASI, Director – Securities Unit

Secretary

Mr. Brian Borg, B. Accty. (Hons.), M.A (Fin. Serv.), CPA

In Attendance

Dr. Michelle Mizzi Buontempo, LL.D, M.A (Fin. Serv.),


Deputy Director – Company Compliance Unit
Ms. Marianne Scicluna, B.A (Hons.) Banking & Finance, M.Sc (Fin. Reg. & Compliance Mngt.),
Deputy Director – Pensions Unit

Board of Management and Resources

Chairman

Mr. Joseph Demanuele, FCCA, FIA, CPA – Chief Operations Officer

Members

Mr. Charles Theuma, B.A (Hons.) Bs. Mgt., B.Sc, MCL, B.Comm., Consultant /Director – IT & Communications Unit
Mr. Paul Vella, B.A (Hons.) Bs. Mgt., Director – Human Resources and Development Unit
Dr. Michael Xuereb, LL.D, M.A (Fin. Serv.), Director – Business Development Unit
Mr. Charles Zammit, D.B.A.; M.C.M.I.; A.A.I.A., Director – Administration Unit

Secretary

Ms. Alexandra Filletti, B.Comm. (Hons.) Banking & Finance

7
The Organisation in 2006 services sector being a vital component of the
country’s economic growth and development. To
The Malta Financial Services Authority (MFSA) was move forward in this direction the market is
established by law on the 23 July 2002. It is a fully increasingly relying on new technologies and
autonomous public institution and reports to innovative methods of product and service delivery,
Parliament on an annual basis. The MFSA is the as well as the development and retention of high
single regulator for the financial services sector value skills and specialisations. These demands will
which includes banking, investment exchanges, be further fuelled by competitive pressures driving
insurance, pensions, securities and trustees. The companies to seek cost efficiencies and meet
MFSA incorporates the Registry of Companies and increasingly sophisticated client expectations. To
the Board also acts as the Listing Authority. meet these challenges, the MFSA has during the
year embarked on a detailed internal consultation
The organisational structure of the MFSA (Figure process so that it could plan ahead for the future.
1) is geared towards the development of a Details of the strategic plan were released at the
diversified, competitive and well-regulated financial end of 2006.

Malta Financial Services Authority

Legal and
International Board of Governors
Affairs Unit

Co-ordination Committee

Supervisory Council Board of Management & Resources


Director-General Chief Operations Officer

Figure 1 - Organisation Chart

8
Supervision and Compliance of Licensed Companies
SUPERVISION AND COMPLIANCE OF companies, broking firms and tied insurance
LICENSED COMPANIES intermediaries and their respective branches. Fifty
routine on-site inspection visits were conducted
at the premises of licensed nominee companies
The core function of the MFSA is the supervision and trustees. In general apart from credit and
of licence holders and overseeing that they abide financial institutions, all licensed institutions are
by all applicable regulations. This is implemented visited once every one or two years. The application
through both off-site and on-site compliance work. of the new Trusts and Trustees Act (Cap. 331) during
Off-site compliance staff monitor adherence by 2006 has necessitated a significant increase in on-
licence holders to their prudential requirements site compliance visits to ensure that the regulations
through the review of monthly and quarterly under the Act are being properly applied.
returns as well as through the review of licence
holders’ audited annual financial statements. OFF-SITE COMPLIANCE
On-site inspections to licence holders’ premises
are also carried out to monitor the extent to which The Authority receives financial and statistical
the operational activity of licence holders adheres information to conduct effective off-site monitoring
to the regulations imposed. and to evaluate the financial soundness of the
licence holder as well as the local financial
The MFSA is also moving towards the adoption of services market.
a risk-based approach supervision of licensed
institutions. This is more in line with EU directives BREACHES OF ADVERTISING RULES
implemented during 2006 and others that will be
implemented in 2007 or thereafter. The number of Thirty-nine breaches of the advertising guidelines
compliance visits carried out by sector is presented were identified by the Securities Unit and five by
in Figure 2. the Insurance Business Unit. Action taken included
reprimanding licence holders and requests for
change to the advertising campaigns.

The Authority is considering whether the time is


appropriate to harmonise the rules regulating
advertising by having one set of rules applicable
to licence holders and authorised firms in all sectors
of financial services.

APPLICATION OF ADMINISTRATIVE PENALTIES

Figure 2 - On-site Compliance visits An administrative penalty was imposed on the


author and editor of an article in a local newspaper.
ON-SITE COMPLIANCE The penalty was imposed in terms of the Prevention
of Financial Markets Abuse (PFMA) Act (Cap. 476)
A total of ninety-eight on-site compliance visits given that elements of this article breached the
were carried out by the MFSA inspectors during same Act.
the year. These included eleven on-site inspections
to credit institutions and five to financial A number of administrative penalties were levied
institutions. Six on-site compliance visits were on insurance agents and sub-agents during the
carried out to investment services companies while year. Penalties were mainly charged for (i) failure
twenty-six visits were made to insurance to comply with directives or orders made or given

10
under the insurance laws; (ii) failure to enrol persons trading activities. At the end of 2006, twenty-eight
in the sub-agents company register; and (iii) the of these reviews/investigations were completed.
carrying out of insurance sub-agency activities on
behalf of an insurance company without PREVENTION OF MONEY LAUNDERING
registration in the sub-agents’ company register
and enrolment in the sub-agents’ list. In the course of its regulation and supervisory
function, the Authority seeks to ensure that licence
The MFSA Act (Cap. 330) provides for an appeal holders are fully aware of their money laundering
from decisions taken by the Authority to an obligations and that they comply fully in terms of
independent Financial Services Tribunal. The the law.
Tribunal can be requested to determine whether
the Authority in exercise of its decision-making Legal Notice 42 of 2006 introduced new
powers has wrongly applied any of the provisions identification obligations and at the same time
of the various financial services laws, as well as widened the list of crimes and subject persons
whether certain decisions constitute an abuse of falling under the Prevention of Money Laundering
discretion or are manifestly unfair. Act (Cap. 373) to include auditors, accountants, tax
advisors, real estate agents, notaries, casino
During 2006, two appeals were lodged with the operators and dealers in precious stones or metals.
Tribunal. A third case was sent back to be continued Subject persons are also required to examine with
before the Tribunal following a decision of the special attention the background and purpose of
Court of Appeal. The first appeal resulted from a complex or large transactions, as well as any
refusal by the Authority to grant to an applicant transactions that are likely to be related to money
company a licence to conduct activities regulated laundering or the funding of terrorism.
under the Investment Services Act (Cap. 370). The
second appeal concerned an alleged change in The regulations also introduced additional
the licensing conditions of a licence holder responsibilities with respect to the recording and
following the adoption of new performance related independent verification of payment transactions
fees for certain types of Collective Investment and other obligations related to international
Schemes introduced by Legal Notice 239 of 2006. correspondent bank ing and corporate
relationships, particularly in the case of
PREVENTION OF FINANCIAL MARKETS ABUSE subsidiaries and branches operating in
non-reputable jurisdictions.
The PFMA Act (Cap. 476) which replaced the Insider
Dealing and Market Abuse Offences Act (Cap. 375) The MFSA also acts as agent of the Financial
has the purpose of safeguarding the integrity of Intelligence and Analysis Unit (FIAU) in assessing
Maltese and European Community Financial and ensuring compliance by licence holders on
Markets and to enhance investor confidence in matters relating to money laundering. The
such markets. The MFSA is vested with the function Authority is represented at meetings of the
of enforcing the PFMA regime and safeguarding Prevention of Money Laundering Joint Committee
the integrity and reputation of the Maltese Financial by the Money Laundering Reporting Officer.
Market from malpractices. Officials from the Authority also participated as
part of the Maltese delegation to the Council of
To this effect, the MFSA in conjunction with the Europe Select Committee of Experts on the
Malta Stock Exchange, has been actively Evaluation of Anti-Money Laundering Measures
monitoring the market during 2006. The (MONEYVAL) as well as the Council of Europe’s
Securities Unit initiated thirty-five different Group of States against Corruption (GRECO).
reviews/investigations in respect of particular An MFSA official attended the 27th Plenary Meeting

11
of GRECO as part of the evaluation team that
prepared the second round evaluation report on
Cyprus while another MFSA official attended the
28th Plenary Meeting of GRECO as rapporteur in
connection with the preparation and examination
of the first round compliance report of the United
States of America.

INTERNATIONAL SANCTIONS

The MFSA is represented on the Sanctions


Monitoring Board, which is established by Legal
Notice 327 of 2006, Sanctions (Monitoring Board)
Regulations, issued in terms of the National Interest
(Enabling Powers) Act (Cap. 365) to monitor the
adherence to regulations imposing sanctions and
other similar measures. Lists of persons and entities
against whom sanctions are imposed in adherence
to UN Security Council Resolutions and EU
Regulations continue to be made available on the
MFSA website.

12
Legislative and Regulatory Developments
LEGISLATIVE AND REGULATORY consultations during 2005, the revised version of
DEVELOPMENTS the Code of Principles of Good Corporate
Governance applicable to listed companies
(Appendix 8.1 of the Listing Rules) was approved
During the year under review, the MFSA carried by the Authority and came into effect in June 2006.
out a series of consultations with the Financial The Authority also published in July 2006 new
Services Consultation Council (FSCC) and where Corporate Governance Guidelines for Public
necessary directly with individual licence holders Interest Companies.
and the general public with regards to the
introduction of new legislation and regulations. In December 2006 the Authority issued for
The regulatory units together reviewed the consultation the draft amendments proposed to
Personal Questionnaire required from individuals the Listing Rules and to the Financial Markets Act
proposed as qualifying shareholders or proposed (Cap. 345) to transpose the requirements of
to occupy certain positions of trust or to carry out Directive 2004/109/EC of the European Parliament
certain activities with a licence holder or an entity and of the Council of the15 December 2004. This
which has applied to be authorised or licensed by directive relates to the harmonisation of
the MFSA. These individuals have to satisfy the fit transparency requirements in relation to
and proper test as defined in the same Personal information about issuers where securities are
Questionnaire. The Securities and Insurance Units admitted to trading on a regulated market.
were involved in discussions with the licence
holders for the submission of statistical information. In October 2006, amendments to the Trusts and
New statistical requirements in line with Eurostat Trustees Act (Cap. 331) providing for retirement
and European Central Bank exigencies for all licence schemes to be set up as trusts came into effect.
holders were implemented during the year. The These amendments allow persons registered in
aggregate statistical information is available to the terms of the Special Funds (Regulation) Act (Cap.
industry on a consolidated basis. 450) to provide trustee services to retirement
schemes without further authorisation.
COMPANY COMPLIANCE
CREDIT AND FINANCIAL INSTITUTIONS
The Authority completed the transposition of the
Takeover Bids Directive 2004/25/EC of the European The Authority continued with the process initiated
Parliament and of the Council of the 21 April 2004 in 2005 of evaluating the revision to the Banking
into the Listing Rules. The new Chapter 18 of the Act 1994 (Cap. 371) as well as amendments to a
Listing Rules transposing the Directive came into number of Banking Directives which needed to be
effect in June 2006. brought in line with the provisions of the Capital
Requirements Directive (CRD) 2006/48/EC of the
Work on the Securitisation Bill was finalised and European Parliament and of the Council of the14
the Securitisation Act (Cap. 484) was published in June 2006 relating to the taking up and pursuit of
April 2006. The Act provides a comprehensive the business of credit institutions (Recast) and
framework for the setting up of securitisation Directive 2006/49/EC of the European Parliament
vehicles and regulates the application of a number and of the Council of the14 June 2006 on the
of existing laws, including the Companies Act (Cap. Capital Adequacy of Investment Firms and Credit
386) and the Civil Code (Cap. 16), in relation to Institutions (Recast). This comprised the
securitisation. transposition of those Directives into the Banking
Rules BR/01, BR/02, BR/03, BR/04, BR/06, BR/07,
Following the conclusion of the public BR/08, BR/09 and BR/10.

14
Banking Rule BR/06 has been amended in The various intermediation activities established
conjunction with the Central Bank of Malta to fine under the Act can now be carried out by either
tune certain reporting aspects in line with individuals or legal entities. The European Passport
regulatory and accounting standards. In addition Rights for Insurance Intermediaries Regulations
the Central Bank of Malta has introduced certain published under Legal Notice 35 of 2005 provides
amendments reflecting European Central Bank for cross-border insurance intermediation activities.
reporting requirements. A series of technical and The minimum limits of professional indemnity
information meetings were held with credit insurance have been revised to reflect the amounts
institutions to explain the changes resulting from required by the Insurance Mediation Directive. As
the transposition process and to evaluate problems a result of these changes, Maltese insurance
identified during the parallel run exercise for the intermediaries can place contracts of insurance
submission of returns by credit institutions carried with companies authorised under the Insurance
out in July 2006. Business Act (Cap. 403) and also with European
insurance undertakings passporting their services
Credit institutions may adopt the new requirements to Malta.
which mainly relate to capital requirements and
large exposures at any time during 2007. In the The promotion and selling of Linked Long Term
meantime, until formal adoption of the new Contracts of Insurance (LLTCIs) as from January
requirements takes place during 2007 (or at the 2007 will be regulated solely under the Insurance
latest, until 1 January 2008), credit institutions will Business Act (Cap. 403) as a result of the
continue to implement Banking Directives BD/02 amendments introduced in Article 6 of the same
and BD/04 for the purposes of large exposures and Act. This change in the regulatory regime was
capital requirements, respectively. The conditions deemed necessary in view of the fact that Directive
applicable to credit institutions availing themselves 2002/83/EC of the European Parliament and of the
of the transitional period have been included in Council of the 5 November 2002 concerning life
Banking Directive BD/02 as Article 61 and BD/04 assurance classifies LLTCIs as long term contracts
as Articles 16 and 17. of insurance.

INSURANCE BUSINESS The MFSA is in the process of changing the


Insurance Directives and Insurance Intermediary
The Insurance Intermediaries Act (Cap. 487) came Directives to Insurance Rules and Insurance
into force in October 2006. The Act repeals the Intermediary Rules. In September and November
Insurance Brokers and Other Intermediaries Act 2006, two separate notes for consultation were
(Cap. 404) and consolidates the regulation of all circulated to the insurance licence holders in
persons carrying out insurance intermediation respect of Insurance Intermediaries Rules and
activities under one Act. It also implements the Insurance Rules which were being issued under
provisions of Directive 2002/92/EC of the European the Insurance Intermediaries Act (Cap. 487) or the
Parliament and of the Council of the 9 December Insurance Business Act (Cap. 403). The following
2002 on insurance mediation (the Insurance Insurance Intermediaries Rules and Insurance Rules
Mediation Directive). were issued in December 2006 and will come into
force on the 1 January 2007:

15
• Insurance Intermediaries Rule 1 of 2007 – Own Table 1
Funds of Persons Enrolled in the Agents List, Legal Notices published under the
Managers List or Brokers List Carrying out Insurance Business Act
Insurance Intermediaries Activities;
• Insurance Intermediaries Rule 3 of 2007- Legal Notice Insurance Business (Long Term
Disclosure of Information for Clients; 115 of 2006 Business Contract Statutory Notice)
(Amendment) Regulations, 2006
• Insurance Intermediaries Rule 13 of 2007 -
Monies Held in a Fiduciary Capacity; Legal Notice Repeal of Lloyd’s (Recognised
• Insurance Intermediaries Rule 14 of 2007 – 228 of 2006 Insurance Body) Order 2006
Fidelity Bonds; Legal Notice Insurance Business (Companies
• Insurance Intermediaries Rule 18 of 2007 – 240 of 2006 A c c o u n t s ) ( A m e n d m e n t )
Business of Insurance not subject to Tied Regulations, 2006
Insurance Intermediaries Activities; Legal Notice I n s u r a n c e B u s i n e s s ( F e e s )
• Insurance Rule 1 of 2007 - Own Funds of 255 of 2006 (Amendment) Regulations, 2006
Companies Carrying on Business of Insurance;
Legal Notice Insurance Business (Long Term
• Insurance Rule 3 of 2007 – Information for
321 of 2006 Business Contract Statutory Notice)
Policyholders. (Amendment) Regulations, 2006

Legal Notice Insurance Business (Insurers' Assets


Amendments were made to Insurance Directive
324 of 2006 and Liabilities) (Amendment)
12 of 1999 on the Business of Insurance Statements. Regulations, 2006
This Directive was issued in February 2006 and
came into force in March 2006. The submission
forms were amended to reflect the financial
requirements of insurance legislation. The First Table 2
Schedule includes the statements for insurance Legal Notices published under the
companies and has been divided into eight main Insurance Intermediaries Act
parts. These shall have effect in respect of business
Legal Notice Insurance Intermediaries Act (Act
of insurance statements which companies are
180 of 2006 No. XII of 2006) - Notice of coming
required to complete in relation to the calendar into force
year of companies which begin on or after the 1
January 2006. Legal Notice Insurance Intermediaries (Fees)
256 of 2006 Regulations, 2006

Various Notes for Consultation and Explanatory Legal Notice Insurance Intermediaries
Notes have been circulated during the year in 319 of 2006 (Transitional Provisions) Regulations,
2006
relation to the various Legal Notices issued
pursuant to the Insurance Business Act (Cap. 403) Legal Notice Insurance Intermediaries
and Insurance Intermediaries Act (Cap. 487) (see 326 of 2006 (Exemption) Regulations, 2006
Table 1 and 2).

16
PENSIONS will be introduced under the Lamfalussy procedure.
Level 1 establishes the guiding principles of the
In February 2006, the MFSA issued for consultation legislation agreed in co-decision by the European
the passporting and exemption regulations, in Parliament and the Council and Level 2 gives the
connection with the implementation of the technical implementing measures rendering the
Directive on the activities and supervision of Level 1 principles operational. The Level 2 measures
Institutions for Occupational Retirement Provision have been adopted by the EU Commission.
2003/41/EEC (the EU Pensions Directive) of the
European Parliament and of the Council of the 3 MiFID replaces the Council Directive 93/22/EEC of
June 2003. The new regulations completed the the 10 May 1993 on Investment Services in the
transposition of the EU Pensions Directive. The Securities field (Investment Services Directive),
MFSA’s directives for Occupational Retirement which will be repealed in November 2007. The new
Schemes, Retirement Funds and related parties Directive is a central element of the Commission’s
under the Special Funds (Regulation) Act (Cap. 450) Financial Services Action Plan and introduces a
(the SFA directives) were also amended to reflect comprehensive regulatory regime covering
the changes introduced by the new regulations. investment services, trading platforms (including
In May 2006 the Authority issued a Feedback regulated markets, multilateral trading facilities
Statement regarding the feedback received in and systematic internalisers) and financial markets
relation to the new regulations and also issued for in Europe. It was formulated with the ultimate aim
consultation various amendments to the Special of opening up Europe’s capital markets by
Funds (Regulation) Act (Cap. 450) and to the SFA improving the price transparency of traded
directives which are intended to cater primarily for financial instruments, while making it easier to
the establishment of Retirement Schemes in the execute trades across borders.The objectives of
form of trusts. The amendments to cater for the MiFID are to enable investors to invest and procure
establishment of Retirement Schemes as trusts investment services across EU borders more easily,
came into force in October 2006. Table 3 shows the to remove obstacles to the use of the EU passport
Legal Notices issued in 2006 under the Special by investment firms, to foster competition and a
Funds (Regulation) Act (Cap. 450). level playing field between Europe’s trading venues,
and to ensure appropriate levels of protection for
Table 3 investors and consumers of investment services
Legal Notices published under the across Europe.
Special Funds (Regulation) Act
In May 2006, the Authority issued a circular to
Legal Notice Special Funds (Regulation) Act provide the financial services industry with an
71 of 2006 (European Passport Rights for
overview of MiFID and recent developments
Institutions for Occupational
Retirement Provision) Regulations, relative to this Directive and to provide a tentative
2006 timetable for the completion of its transposition
and implementation within the established
Legal Notice Special Funds (Regulation) Act
72 of 2006 (Exemption) Regulations, 2006 EU deadlines.

Another four circulars on MiFID were issued by the


SECURITIES Authority up to December 2006. The second circular
issued in October 2006 referred to the Level 2
Markets in Financial Instruments Directive (MiFID) Implementing Measures and brought to the
attention of the industry the Committee of
MiFID, Directive 2004/39/EC of the European European Securities Regulators (CESR) consultation
Parliament and of the Council of the 21 April 2004 document on the list of minimum records to be

17
kept by investment firms in terms of Article 51(3) Linked Long Term Contracts of Insurance (LLTCIs)
of the Directive. The third circular issued in
November 2006 was the first consultation A circular for consultation was issued on the 2
document to the industry outlining the proposed March 2006 in connection with the selling and
amendments to a number of Sections of Part C I promotion of LLTCIs. Legal Notices (see Table 4)
of the Investment Services Guidelines. The fourth were published to transfer the regulation of LLTCIs
circular issued in December 2006 served as the from the Investment Services Act (Cap. 370) to the
second consultation document dealing with the insurance regulatory framework with effect from
transposition/implementation of the transaction 1 January 2007.
reporting requirements. This circular also served
to draw the industry’s attention to the CESR
consultation document on transaction reporting. Table 4
The fifth MFSA circular also issued in December
2006 draws the industry’s attention to two other Legal Notices published under the Companies Act,
consultation documents issued by CESR in the Investment Services Act and Financial Markets Act
fields of passporting and inducements.

Prevention of Financial Markets Abuse Legal Notice Investment Services Act – Investor
36 of 2006 Compensation Scheme
The Securities Unit noted that there was still some (Amendment) Regulations, 2006
uncertainty as to who should submit notifications
Legal Notice Financial Markets Act – Notice of
under the PFMA Act (Cap. 476) and under what
75 of 2006 coming into Force of the Transfer
circumstances such notifications should be made. of Listed Securities Regulations,
Consequently the Authority issued a circular in July 2004
2006 aimed at providing guidelines to persons
who hold managerial responsibilities within an Legal Notice Investment Services Act (Linked
117 of 2006 Long Term Contracts of Insurance
Issuer. In August 2006, an additional circular was Statutory Notice) (Amendment)
issued by the Authority on the monitoring and Regulations, 2006
reporting duties of persons professionally arranging
Legal Notice I n v e s t m e n t S e r v i c e s A c t
transactions in financial instruments. This circular 239 of 2006 (Performance Fees) Regulations,
provides guidance on the relevant obligations 2006
under the PFMA Act (Cap. 476).
Legal Notice Companies Ac t (I nvestment
241 of 2006 Companies with Variable Share
A circular was issued to all board secretaries of Capital) Regulations, 2006
listed companies in March 2006 clarifying the
definition of ‘insider’ and the manner in which the Legal Notice I n v e s t m e n t S e r v i c e s A c t
List of Insiders is to be compiled and updated. 318 of 2006 (Amendment of the Second
Schedule) Regulations, 2006
In April 2006, a circular regarding the dissemination
of financial information in the local press was Legal Notice Repeal of Investment Services Act
published. The circular provides a background on 320 of 2006 (Linked Long Term Contract of
I nsurance Statutor y Notice)
local market abuse legislation and briefly explains
Regulation, 2006
what constitutes market abuse and has the purpose
of drawing attention of the local media to the Legal Notice Investment Services Act (Licence and
322 of 2006 Other Fees) Regulation, 2006
provisions of the PFMA Act (Cap. 476) and
subsidiary legislation which should be in mind
when reporting financial information.

18
Collective Investment Schemes (CISs) terms of Article 12 of the Investment Services Act
(Cap. 370). The respective Legal Notice 239 of 2006
Explanatory Notes relating to the licensing of was published in October 2006.
overseas based non-UCITS (Units for Collective
Investments in Transferable Securities) collective Capital Requirements Directive (CRD)
investment schemes carrying out an activity in or
from Malta in terms of Article 4 of the Investment A consultation document was issued in December
Services Act (Cap. 370) were circulated to licence 2006 to investment services licence holders on
holders. The notes mainly related to the licensing amendments to the Investment Services Guidelines
criteria. relating to the transposition of the Capital
Requirements Directive 2006/49/EC. The document
New regulations were issued in September 2006 explains the approach to be undertaken by the
under the Companies Act (Cap. 386) concerning Authority in transposing the Directive and the new
Investment Companies with Variable Share Capital financial resources requirements.
(SICAVs) replacing the previous SICAV regulations.
These regulations were updated principally to cater COMPANY LAW
for certain industry developments and more
importantly to streamline the provisions applicable Directive 2006/43/EC entitled Statutory Audits of
to Schemes which have not established any sub- Annual Accounts and Consolidated Accounts has
funds with those applicable to Schemes with sub- replaced the original 8th Directive with effect from
funds. These include the new definition for SICAVs, the 29 June 2006. The Directive widens the scope
the clearer distinction between SICAVs with and while maintaining many provisions of the original
without sub-funds and the provision for classes Directive. The new Directive contains detailed
representing sub-funds. provisions regarding (i) conditions for approval of
auditors; (ii) professional ethics, independence,
The MFSA has continued with the development of objectivity, confidentiality   and professional
PIFs regime. It is expected that early in 2007 the secrecy; (iii) the obligations of Member States to
MFSA will issue draft guidelines extending the PIFs create a system of public oversight of auditors; and
regime to a new class targeting Extraordinary (iv) appointment and dismissal of auditors. This
Investors. Directive will be transposed by June 2008. The
Authority is co-ordinating and liaising with the
A feedback statement was issued in January 2006 Accountancy Board and the Malta Institute of
in response to comments received from the Accountants regarding its implementation.
industry after the original publication of the
Property Funds Policy. The statement included an
outline of the main comments received in respect
of the Policy, the MFSA’s comments in their regards
and an updated policy wording. This was published
together with the feedback statement
mentioned above.

During January 2006, responses in respect of the


proposed new standard licence conditions relating
to performance fees were received. These were
reviewed and published by way of regulation in

19
International Affairs
INTERNATIONAL AFFAIRS and the Exchange of Information. The MFSA’s
application was accepted in February 2006 and
the MMoU was signed in April 2006.
INFORMATION EXCHANGE
The MMoU is an essential tool in the ambitious
The MFSA has signed a number of Bilateral task of strengthening the capital markets against
Memoranda of Understanding (MoUs) with foreign financial fraud. This document underscores the
counterparts with the aim of facilitating the importance being attributed to mutual co-
exchange of regulatory information and to create operation and consultation by IOSCO members
a formal framework for regulatory collaboration and their increased willingness to provide mutual
and co-operation. assistance to facilitate the exercise of their
respective functions and responsibilities in the
During 2006, the Authority signed two MoUs. The securities field.
first was signed with De Nederlandsche Bank N.V.
(DNB) and covers co-operation and exchange of A list of the various Bilateral and Multilateral MoUs
information in the field of prudential supervision currently in force is presented in Appendix A.
of banks, their cross-border establishments and
the provision of services. The second MoU was In May 2005, the Memorandum of Understanding
signed with the Banking, Finance and Insurance on Co-operation between the Banking Supervisors,
Commission (CBFA) of Belgium and is aimed at Central Banks and Finance Ministries of the
closer co-operation in the sphere of supervision of European Union in Financial Crisis Situations was
credit institutions. Negotiations are currently signed. As part of the national initiative pursuant
underway with other overseas financial services to Financial Crisis Situations, the Malta Financial
regulators for the purpose of entering in new MoUs. Services Authority, the Central Bank of Malta and
the Ministry of Finance set up a high level working
group to prepare a financial crisis framework. The
group met twelve times during 2006 and discussed
a number of issues relating to the setting up of a
domestic framework for crisis management. The
group also took part in a simulation exercise
organised by the Economic and Financial
Committee of the European Commission which
included representatives from signatories of EU
Member States.

EU WORKING COMMITTEES AND


INTERNATIONAL FORA
Profs J.V. Bannister, MFSA Chairman and
Prof A. Schilder, DNB Executive Director
The MFSA participates in a number of Committee
Meetings and Working Groups involving EU
The MFSA had formally lodged an application, in Member States. During the year, officials involved
April 2005, and communicated its willingness to in the regulation of Banking, Insurance, Securities,
endorse the commitment to cross-border Pensions and Company Compliance within the
co-operation in accordance with the International MFSA participated in the plenary meetings
Organisation of Securities Commission’s (IOSCO) (Chairman and/or the Director General) and on
Multilateral Memorandum of Understanding various working groups (staff from the respective
(MMoU) concerning Consultation and Co-operation regulatory units) of the Committee of European

21
Securities Regulators (CESR), the Committee of International Association of Insurance Supervisors
European Banking Supervisors (CEBS), the (IAIS) were also completed. As part of the
Committee of European Insurance and consultation process on Solvency II, the MFSA
Occupational Pensions Supervisors (CEIOPS), the invited Mr Karel Van Hulle, Head of the Insurance
Company Law Expert Group (CLEG) and the and Pensions Unit of the European Commission to
Group de Contact. give a presentation on the challenges posed by
the proposed Solvency II Directive.
The MFSA is represented by the Banking Unit on
the following working groups under the auspices The MFSA is represented by the Insurance Business
of CEBS: the Financial Conglomerates Working Unit in the following working groups under the
Group, the Expert Group on Financial Information, auspices of CEIOPS: the Insurance Intermediaries
the Expert Group on Large Exposures, the Working Working Group, the Insurance Groups Supervision
Group on Supervisory Disclosure Taskforce, the Committee and the Work ing Group on
Expert Group on Capital Requirements, the Working Solvency II. The Pensions Unit participates in the
Group on Convergence Task Force, the Working CEIOPS Pensions Working Group. The Insurance
Group on Own Funds, the Capital Requirements Business Unit is also a member of the IAIS and
Directive Transposition Group, the Expert Group participates in the Technical Committee and
on E-Money, the Working Group on Large Insurance Contracts Sub-Committee.
Exposures and the Network on Validation Issues.
The Banking Unit is also represented on the Capital The MFSA is represented by the Securities Unit on
Requirements Directive Transposition Group. The the CESR MiFID Level 3 Expert Group and primarily
Banking Unit has on an ongoing basis been as observer on this Expert Group’s Markets and
required to provide feedback and suggestions Intermediaries Sub-Groups. The Securities Unit also
regarding various specific issues related to the CRD participates in meetings of the CESR Review Panel,
and its forthcoming implementation in January CESR-Tech and the Surveillance & Intelligence
2007. These issues included matters relating to Group of CESR-Pol.  Moreover, Securities Unit
technical details for the calculation of the capital representatives have also attended transposition
requirement, as well as transposition and meetings organised by the EU Commission
interpretation issues. regarding the CRD and MiFID.

The Group de Contact which is also a working In March 2006, the quarterly meeting of CESR-Pol
group under the auspices of CEBS held one of its was held in Malta for the first time. CESR-Pol is a
quarterly meetings in Malta in early May 2006. permanent operational group within CESR and
The Group’s purpose is to promote practical reports regularly to CESR on the activities of the
co-operation and the exchange of group. CESR-Pol’s key objective is to make cross-
confidential information between European border information flow equally rapidly amongst
banking supervisors. CESR members and therefore enhancing the
transparency, the fairness and the integrity of the
The Supervisory Board of the Central Bank of European markets as a whole.
Estonia visited Malta during the month of April.
The delegation paid a visit to the MFSA and held The Authority also participated in other committees
meetings with officials regarding the Authority’s and working groups. These are the EU Company
role in the financial sector. Law Expert Group, the European Commerce
Registers Forum, the Council of Europe MONEYVAL
As a member of CEIOPS, the Authority completed and the Joint Committee on the Prevention of
questionnaires in relation to the impact of Solvency Money Laundering.
II. Similar questionnaires submitted by the

22
Human Resources Development
HUMAN RESOURCES DEVELOPMENT obtained the ACCA, MA and Diploma in Insurance
while another twelve commenced studies in
various courses, namely MBA, ACCA, MA, MSc and
The Authority regards the training of its personnel various Diplomas in Taxation, Training and
and of people employed in the finance industry as Development, Trust Management and Compliance.
critical to the quality of service and growth in the As at the end of December 2006, thirty-one staff
sector. During 2006, the Authority met a number members were undergoing self development
of trade and professional bodies in order to identify studies in Malta and abroad.
training needs and assist in the industry’s training
programmes.

With the continuous increase in staff members


(Figure 3) greater emphasis is being given to staff
development and training. During 2006, technical
and general training was periodically offered to
staff members. The concluding phase of the
Employee Assistance Programme run by Caritas
Malta was delivered. This programme comprised
of a series of intensive life and management skills
training sessions.

Figure 4 - Number and Type of Qualifications held by


MFSA Employees

A member of the Insurance Business Unit gained


first hand regulatory experience at one of the top
London reinsurance brokerage firms through a
placement scholarship granted by the Lord Mayor
of The City of London under The Mansion House
Scholarship Scheme.
Figure 3 - MFSA Staff Complement
The programme of courses and seminars (Table 5)
held during 2006 covered a wide range of subjects
within the ambit of financial services. These
The Authority’s middle management participated included company law, the changeover to the euro
in an intensive two day residential workshop on and its implications for licence holders, issues
Management Skills run by an internationally related to trusts and trustees and technical topics
recognised expert in this area. In addition MFSA related to investment services and insurance.
staff members regularly attend the programmes
organised for the industry as part of their training. These programmes were jointly organised with
the Institute of Financial Services (Malta), the
The number of graduates within the Authority Association of Insurance Brokers, the Institute of
continued to increase during 2006 (Figure 4). Three Legal Studies, the Institute of Financial Services
staff members successfully completed their studies Practitioners and the Malta International
through the Self Development Scheme and Training Centre.

24
Table 5 detect and prevent attempts to utilise various
aspects of the economy to facilitate money
Industry Training Programme 2006 laundering. This body of legislation has been
Course/Seminar reinforced by the new regulations implementing
the Third European Directive on Anti-Money
Overview of the Insurance Intermediaries Act 2006 Laundering, Directive 2005/60/EC of the
European Parliament and of the Council of the
Investment Services Course
26 October 2005.
Solvency II - Future Perspective

International Aspects of Maltese Company Law

Converging to Euro - Understanding the Practical


& Technical Aspects

Company Law Course

Anti-Money Laundering Training Programme

The Impact on Legal Practices of the New Civil Code


Provisions on Life Insurance Training programmes have proved to be beneficial
for continuous professional development and have
Company Law Course III
served as a forum for participants to discuss
Insurance Brokers - Compliance Training periodic regulatory developments and the
Programme implications of new financial services products
and services.
Integration of the Maltese Financial Services in the
EU Framework
The first programme leading to the attainment of
a recognised ‘Accounting Technician’ qualification
was held during 2006 following the preparatory
In May 2006, the Authority in collaboration with work carried out with the Institute of Business and
the FIAU, the Malta Lotteries and Gaming Authority Commerce within the Malta College of Arts Science
and the National Association of Securities Dealers and Technology. The programme will be repeated
(NASD) UK Branch held a training programme on in 2007 and is partly funded through the European
anti-money laundering. The programme gave Social Fund.
participants an excellent opportunity to hear from
industry practitioners in Malta, the United Kingdom The MFSA also contributed to career oriented
and the United States about the approach to this events organised in a number of secondary schools
highly important issue. Market participants are and received periodic organised visits by different
subject to increased responsibilities to take categories of students within the scope of their
appropriate steps to detect and prevent money financial services related studies.
laundering. Malta’s anti-money laundering regime
includes two important pieces of legislation in line
with European directives and other international
standards: The Prevention of Money Laundering
Act (Cap. 373), and the Prevention of Money
Laundering and Funding of Terrorism Regulations.
Both are representative of Malta’s strong
commitment to building a robust framework to

25
Business Development Overview
BUSINESS DEVELOPMENT OVERVIEW accessibility, tailored regulation and cost efficiency
also earned it a mention alongside the best four
established captive domiciles in the world. 
From a business perspective further developments
have taken place notably in the investment services, The insurance sector has this year registered six
insurance and trust sectors. An area that has also new companies. A number of insurance companies
attracted attention is that related to the setting up have either started or will be providing cross-border
of cross-border occupational pensions schemes, insurance services from Malta to twenty-two EU
particularly following developments in the Member States. In the meantime, the arrival of
regulatory framework that have allowed such three new insurance management companies
schemes to be set up as trusts and the introduction alongside six others already licensed to operate in
of a framework for pension ‘pooling’ vehicles. Malta has further strengthened the country’s
capabilities and expertise in this growing area of
In the funds sector, Malta has continued to develop business. It is also encouraging to note that a good
rapidly as a funds domicile, particularly for PIFs as number of these management operations have
the framework has proved its flexibility in attracting been set up in conjunction with local insurance
both the large and small caps, as well as single- providers seeking to internationalise and diversify
and multi-strategy funds. In the course of the year their operations through innovative channels and
the net asset value of locally-based collective the acquisition of new expertise.
investment schemes rose to nearly five billion euro
as the number of funds increased by fifty-two to a Trust services have also received a boost this year
total of two hundred at the end of the year. through the authorisation of thirteen new trustees,
among which are a number of international trust
The MFSA has in the meantime worked to ensure management groups.  The Society for Trust and
that fund servicing activity finds the right legal Estate Practitioners (STEP) launched its Malta
environment and market infrastructure to operate Branch in October 2006, stating that the twelve
effectively at an international level.  The Authority thousand member strong society was keen to
has closely followed issues of concern to this increase its presence in civil law jurisdictions and
industry in the specialised media and through that Malta’s new trust law and legal system, which
industry conferences and discussions with drew on both common law and civil law, offered
international operators and professionals in the great scope for attracting international
field.  This has provided the required insight to be trust business.
able to better evaluate and address these issues
as they unfold. New licences issued to asset
managers originating from Switzerland, the
Netherlands and the United Kingdom, and the
recognition granted to a third party fund
administrator from the Netherlands, are a clear
sign that Malta is providing the right environment
for high value fund servicing activity to develop.

Malta’s emergence as an important European


domicile for affiliate (captive) insurance activities
was highlighted by independent research findings
published in Reactions Magazine in May 2006. This
survey confirmed Malta as the best up-and-coming
captive insurance jurisdiction in Europe. Malta’s Official launch of STEP Malta Branch

27
A number of factors have continued to contribute In June 2006, the MFSA in conjunction with Hedge
to the overall competitiveness and growth of the Funds Review researched and produced a Malta
financial services sector during the year. The Hedge Fund Supplement covering the state of
continued nurturing of this environment should development of the professional investor and
result in a broader based market in which hedge fund industry.  The publication has been
companies can compete effectively on the basis widely sought by operators as a quick reference
of their particular strengths and market niches. guide to Malta as a funds domicile and was also
This should in turn contribute positively to the distributed at leading industry events such as GAIM
soundness, resilience and dynamism of the market, held in Cannes, France in July 2006 and the Hedge
leading to a greater choice and a higher quality of Fund Summit in London in October 2006.
products and services available to consumers.
The MFSA participated in two international events
Against this background the Authority has in the City of London, one entitled ‘Banking and
continued to interact with the local and Investment in Malta’ held in April 2006 at the
international financial services community with London Stock Exchange in association with FT
the aim of developing synergies that stimulate Business, and another entitled ‘Insurance and
product development and growth.  This has been Reinsurance in Malta’ held in November 2006 in
done through continuous updating of association with Global Reinsurance at Lloyds of
communication tools, interaction with the industry London. Both events were very well-attended and
media and involvement in local and international served as an opportunity for providing institutions
events and workshops.   in the United Kingdom with an insight into Malta’s
financial services framework as well as a platform
The MFSA’s framework Guides to establishment for strengthening existing links between the
and management of different types of financial two jurisdictions.
services business have undergone substantial
upgrading, particularly in the case of the Guide to
Professional Investment Funds and the Guide to
the Enrolment of Insurance Intermediaries. A Guide
to the Registration of Companies as well as a leaflet
on the use of the MFSA’s online registration system
were launched during the year, while work on the
publication of new Guides on Occupational Pension
Schemes and Fund Administration also reached
an advanced stage. All Guides are available in the
Publications section on the MFSA website.

Panel at Lloyds in London


During 2006, the MFSA also accepted invitations
to speak at a number of high profile events
including the Transfer Agency Forum, held in
Luxembourg, and the Luxembourg Rendezvous
on captive insurance.  It also participated in client
workshops organised by Dechert LLP in London,
by Aon Insurance Managers in London, Mulheim,
Amsterdam and Paris, by Willis BV held in
Amsterdam and by the Health Lambert Group at
their London headquarters.

28
The MFSA gave a number of presentations during Investment, Rivista ANDAF, Fortune Magazine, The
the annual conference of the Associazione Banker, The Business, Hedgeweek, IPE.com,
Nazionale Direttori Amministrattivi e Finanziari International Advisor and Institutional Investor’s
(ANDAF) which was held in Malta. Other meetings Daily IITV.
held by various international and regional networks
in Malta, Leipzig, Hamburg and Stockholm were Euro Changeover
also addressed by the MFSA officials during
the year. The MFSA’s internal euro changeover working
group continued with its preparations by attending
various meetings of the Financial Services Euro
Changeover Committee. At the same time the
internal working group continued with its analysis
of all documentation and kept the Supervisory
Council and the Board of Management and
Resources informed so as to identify the necessary
changes which should be implemented within the
Panel during the Vodafone MFSA. The group reported directly to the Co-
Economic Forum in Malta
ordination Committee on a quarterly basis. The
The Vodafone Economic Forum and other group attended several meetings with the
conferences held in Malta also served as a platform associations represented on the FSCC and with the
for the MFSA to update the industry on the trends National Euro Changeover Committee (NECC).
and developments in financial services business,
particularly in captive insurance and hedge fund
business both in Malta and internationally. Guidelines aimed at ensuring a smooth transition
to the conversion of company share capital from
The MFSA also accepted an invitation from the the Maltese Lira to the euro were issued by the
Association of the Luxembourg Fund Industry to MFSA in May 2006 following their approval by the
attend the ALFI Annual Conference in March 2006. NECC. The planned conversion of company share
The conference was addressed by top officials from capital to the euro on 1 January 2008 is expected
the European Fund and Asset Management to require the least possible intervention and
Association (EFAMA), the European Commission processing of documentation by all companies
Asset Management Unit, the Committee of involved. The guidelines published as document
European Securities Regulators and other industry NECC/0006/2006 apply to all registered companies
speakers. which have their share capital denominated in
Maltese Lira as at the end of December 2007. All
Throughout the year the Authority’s research the above is subject to the overriding condition
department continued to monitor international that the euro changeover will take place on 1
business trends and perceptions in the January 2008.
international media. The specialised industry media
was also updated regularly on various
developments in the sector through interviews,
newsletters and other briefings.  News reports and
features on Malta’s financial services industry were
carried in, among others, The Economist, STEP
Avanti Magazine, Lloyds List, Reuters Hedgeworld,
Hedge Funds Review, Global Reinsurance, Portfolio
International, Captive Review, International

29
LICENSES ISSUED The banking sector continued to grow during 2006.
The aggregate balance sheet totals for licensed
Credit and Financial Institutions credit institutions went up from Lm8.8 billion in
2004 to Lm12.6 billion in 2006, an increase of
During 2006, no new licences were issued to credit 43.19% over two years. Deposit liabilities increased
and financial institutions. The number of credit by Lm1 billion or 20% for the same period. On the
institutions decreased from nineteen at the end of other hand net loans increased by Lm2 billion or
2005 to eighteen due to the merger of HSBC Home 48.8%. The data in Figure 5 indicates that the
Loans (Malta) Ltd into HSBC Bank Malta plc licensed credit institutions are continuing to grow
(Table 6). indicating a healthy operating environment.

Table 6 Insurance Business


Number of Credit and Financial Institutions
The insurance sector continued to maintain a
December December December
2004 2005 2006 steady growth as in previous years. The year under
review was characterised by a further increase in
Credit 17 19 18 the number of licensed insurance companies and
Institutions insurance managers. There was also a substantial
increase in the number of Tied Insurance
Financial 12 13 13 Intermediaries (formerly known as sub-agents) as
Institutions
well as increases in the number of institutions and
Representative 1 1 1 individuals registered under the Brokers List and
Offices the Brokers Register respectively.

Insurance Companies
As from October 2006, the policy regarding the
sale of insurance products by credit and financial The Authority issued six new licenses to insurance
institutions was revised. These institutions can now companies to write third party business in various
act as tied insurance intermediaries for four classes classes of insurance. Propgen Insurance Ltd was
of general insurance business besides life insurance authorised to carry on business restricted to risks
business. These are Class 14 – restricted to export situated outside Malta in Classes 1, 2, 8, 9, 13, 16
credit contracts of insurance and Classes 1, 2 and and 17. Caversham Insurance (Malta) Ltd was
16 – restricted to payment protection contracts of granted authorisation to carry on business of
insurance issued in relation to loan repayments. insurance restricted to risks situated outside Malta
in the general business Class 16 while Central Life
14
Ltd was licensed to carry on business restricted to
12

10
commitments where Malta is not the country of
LM billions

8
the commitment in Class 1. Saint John’s Insurance
6
Ltd was authorised to carry on business of
4
insurance in Classes 2 and 13, Practice Plan
2
Insurance Ltd in Classes 1, 2 16 and 18 and Multi
0 Risks Benefits Ltd in Classes 1, 2 and 4.
2004 2005 2006*
*Figures for 2006 are provisional

Figure 5 - Aggregate Figures for Licensed Credit


Institutions

30
Table 7
Number of Insurance Licence Holders

Category 2006

Local Insurers 17

Foreign Insurers 3

Affiliated Insurance Companies 5 Figure 6 - Local and Foreign Companies Authorised to


carry on Insurance Business in Malta
Protected Cell Companies 1
Insurance Managers
Insurance Managers 9
The increase in the number of Insurance Managers
Agents of : Local Insurers 9 registered during 2005 continued in 2006 with the
licensing of three new insurance managers, namely
Foreign Insurers & 12 HSBC Insurance Management (Malta) Ltd,
European Insurance Alternative Risk Management (Malta) Ltd and
Undertakings Heritage Insurance Management (Malta) Ltd.

Insurance Brokers – Companies 23


Insurance Agents
Insurance Brokers – Individuals 54
During the year, SMS Insurance Agency Ltd was
Tied Insurance Intermediaries 567 granted authorisation to act as insurance agent for
Wurttembergische Versicherung Aktiengesellschaft
in Class 7, Faraday Reinsurance Co Ltd in Class 13,
Foreign insurers refer to insurance undertakings with head office outside the EU/EEA
Member States and which hold an authorisation under the Insurance Business Act Catlin Insurance Company (UK) in Classes 7, 8, 9
(Cap. 403) and one European Insurance Undertaking which has not yet passported
into Malta. and 10, Gerling at Lloyd’s Syndicate (1206) in Classes
1, 2, 7, 8, 9 and 16 and Lloyd’s Syndicate (1886 Part
of Umbrella Syndicate 2999) in Classes 3 and 10.
One company, namely Orlen Insurance Ltd, was Fogg Insurance Agencies Ltd was granted
licensed as an affiliated (captive) insurance authorisation to act as an insurance agent in
company to carry on business of affiliated insurance additional classes for Norwich Union International
situated outside Malta in Classes 8, 9 and 16. Insurance Ltd. Fenici Insurance Agency ceased to
Authorisation was also granted to Atlas Insurance act as an insurance agent for Middlesea
Ltd to convert into a Protected Cell Company. Table Insurance plc.
7 gives a breakdown of the insurance licences by
category as at December 2006. Insurance Brokers

Figure 6 indicates the total number of local and First Insurance Brokers Ltd and United Insurance
foreign insurers as well as the shift between local Brokers Ltd merged their insurance broking
and foreign insurers authorised to carry on business operations. Azzopardi Insurance Brokers Ltd ceased
in Malta which occured between 2000 and 2006. voluntarily to carry on broking activities.

31
Investment Services

During the year the MFSA issued new Investment


Services licences to Universal Financial Services Ltd
and Swiss Administration Centre Ltd as Category
1a, to Amstel Capital (Malta) Ltd, Tell Investment
CP, Tell Capital Ltd and Altegde Capital Management
Ltd all as Category 2, to Mediterranean Bank plc
as Category 4 and to Unipol Financial Ltd as
Figure 7 - Authorised Insurance Brokers
Category 5.
HSBC International Financial Advisers (Malta) Ltd
and KDM Insurance Brokers Ltd were enrolled in The licence of GlobalCapital Fund Advisors was
the Brokers List whilst eighteen individuals were upgraded from Category 1b to Category 2, while
registered in the Brokers Register during 2006. the Category 2 licence of Finacom Investment
Other individuals and institutions were struck off House Ltd was extended to cover additional
from both Brokers List and Register on a voluntary number of services in relation to a number of
basis as at the end of 2006. Registered individual instruments. Figure 8 shows the total number of
insurance brokers amounted to fifty-four whilst authorised Investment Services licence holders
there were twenty-three enrolled brokering between 2004 and 2006.
firms (Figure 7).

Tied Insurance Intermediaries

With the entry into force of Legal Notice 180 the


Insurance sub-agents were reclassified as Tied
Insurance Intermediaries as from October 2006.
The number of Tied Insurance Intermediaries as at
December 2006 was five hundred and sixty-seven
representing an increase of nineteen over 2005.
This represents the highest number of Tied
Insurance Intermediaries registered in the last
Figure 8 - Number of Investment Services Licence
four years. Holders

Figure 9 - Investment Services Licence Holders by Category as at December 2006

32
Four companies, namely Cougar Asset
Management Ltd, BOV Stockbrokers Ltd, NDB
Administration Centre Ltd and Azzopardi
Investment Management Ltd voluntarily
surrendered their licence.

The highest number of licence holders fall within


Category 2. Figure 9 shows the distribution of
investment services licence holders by category as
at the end of 2006.
Figure 10 - Total Number of Collective
Investment Schemes
Fund Administration

In September 2006, the Authority issued Recognised Private Schemes


recognition certificates to TMF Fund Administrators
(Malta) Ltd, TMF Services (Malta) Ltd and Valletta During 2006, the Authority issued a recognised
Fund Services Ltd to act as fund administrators in private scheme to Pulse SICAV Ltd.
terms of Section 9A of the Investment Services Act
(Cap. 370). The Authority also accepted the surrender of three
licences (sub-funds) during the year. Consequently
Collective Investment Schemes (CISs) the total number of CIS licences as at the end of
2006 was two hundred when compared to one
The growth in the PIFs sector registered in 2005 hundred and forty-nine as at the end of 2005
continued during 2006 (Figure 10). The Authority (Figure 10). This translates into an increase of
issued fifty-four CIS Licences (including sub-funds) 34.23%. The full list of licences issued is included
out of which twenty-eight were PIFs. These were as Appendix B while a breakdown of the licences
subdivided into eight Experienced Investor PIFs, is presented in Figure 11.
nineteen Qualifying Investor PIFs and one scheme
for both Qualified and Experienced PIFs. The
Authority also issued licences for twenty-two UCITS
schemes and four retail non-UCITS schemes. These
licences were issued as follows; Celsius Global Funds
(SICAV) plc in respect of twenty-two sub-funds to
carry out activities of locally based UCITS; Vilhena
Funds SICAV plc and La Valette Funds (SICAV) plc
were each licensed in respect of one non-UCITS
sub-fund; and HSBC Malta Funds SICAV plc was
- -
licensed in respect of two sub-funds. Celsius Global
Funds (SICAV) plc thereby became the first platform
to be licensed to carry on the activities of a Maltese Figure 11- Breakdown of CIS Licences as at the
UCITS in April 2006. end of 2006

33
Trustee Services THE REGISTRY OF COMPANIES

The coming into force of the Trusts and Trustees The total number of new companies registered
Act (Cap. 331) in 2005 brought the issuing of new during the year amounted to two thousand nine
licences for the provision of nominee services to hundred and seventy-nine (Figure 13). The total
an end. Companies and individuals who at the end number of companies on the register as at
of 2004 held a licence to provide licensed nominee December 2006 amount to forty thousand five
services had until the end of 2006 to apply for a hundred and sixty-four. The number of companies
licence to act as trustees and to provide other involved in mergers during 2006 was forty-two
fiduciary services under the new legislation. while two companies divided into other companies.
During the year, seven hundred and sixty-six
During the year under review the MFSA issued companies were placed into liquidation whilst
thirteen authorisations to act as trustee or provide forty-three companies transferred their domicile
other fiduciary services in terms of the Trusts and to Malta in terms of the Continuation of Companies
Trustees Act (Cap. 331) bringing the total number Regulations (Legal Notice 344 of 2002) under the
of authorisations to seventy (Figure 12). Out of the Companies Act (Cap. 386).
thirteen new authorisations issued, four were
restricted to the provision of fiduciary services only.

Figure 13 - New Company Registrations

The Registry of Companies extended its opening


* Being phased out under the Trusts and Trustees Act hours to the public with effect from May 2006 - a
**Out of seventy authorisations for Trustees ten were restricted to the provision of
fiduciary services which do not include acting as trustee measure introduced in order to provide the public
Figure 12 - Nominees/Corporate Trustees with a better service. The Registry of Companies’
electronic database provides easy access to
Listing Authority company data by the public. All registered
documents including annual financial statements
The Board of Governors acting as the Listing can be accessed online. Additional services
Authority is assisted by a Listing Committee which launched during the year included searches for all
evaluates applications and Admissibility to Listing registered companies, together with basic details
in respect of securities and monitors compliance such as company number, registered address and
with Listing Rules. status of the company.

During the year under review the Listing A new internet service launched in December 2006
Committee evaluated and recommended two by the Hon. Parliamentary Secretary in the Ministry
equity and five fixed income securities for of Finance Mr Tonio Fenech provides the public
Admissibility to Listing in addition to the listing of with a facility which allows new online company
Malta Government Securities and Secondary registration and the electronic filing of documents
Listings of various foreign funds. through the use of a digital signature. The

34
documents which can be filed electronically are Directive 2006/48/EC of the European Parliament
the Memoranda and Articles of Association, the and of the Council of the14 June 2006 relating to
Annual Returns (Seventh Schedule), Changes in the Taking Up and Pursuit of the Business of Credit
Company Officials (Form K) and Share Transfer Institutions (Recast). The total number of
Details (Form T). The payment of new company notifications received as at the end of 2006 amount
registration fees and annual return fees can also to one hundred and nine.
be made electronically and a free company name
check is also available. Insurance Business

This new development implements the new The MFSA continued to receive notifications from
requirements of the First Company Law Directive other EEA insurance supervisory authorities
68/151/EEC dated 9 March 1968 amended by concerning insurance undertakings intending to
Directive 2003/58/EC of the European Parliament carry on insurance business in Malta in accordance
and of the Council of the 15 July 2003 which will with the Third Non-Life Directive 92/49/EEC and
come into force in January 2007. Additional features Directive 2002/83/EC of the 5 November 2002
to the electronic system are expected to be added concerning life assurance. As at the end of 2006
in future. the total number of notifications received from
insurance undertakings intending to carry on
NOTIFICATIONS FOR CROSS-BORDER SERVICES insurance business under the Freedom of Services
amounted to two hundred and twenty-six while
The number of notifications for the provision of the total number of insurance undertakings
cross-border services from other EU/EEA states carrying on business of insurance in Malta under
continued to increase during 2006 indicating a the Freedom of Establishment at the end of 2006
vibrant financial services market. The total number amounted to five. The total number of notifications
of notifications by companies and individuals as received up to the end of 2006 was two hundred
at the end of 2006 stood at three thousand eight and thirty-one.
hundred and eighty-eight and is represented in
Figure 14 for the various financial services sectors. The MFSA continued to receive further notifications
from European insurance intermediaries intending
3000
to carry on insurance mediation activities in Malta
2500 in accordance with the Insurance Mediation
2000 Directive 2002/92/EC. The amount of notifications
received under the Freedom of Services up to the
end of 2006 totals two thousand seven hundred
and nineteen. One insurance intermediary carries
on insurance mediation activities in Malta under
the Freedom of Establishment bringing the total
number of notifications for insurance mediation
Figure 14 - Total Number of Notifications received for up to two thousand seven hundred and twenty.
Cross Border Activities as at December 2006

Credit Institutions Investment Services

During the year, twenty-one new credit institutions The Authority was notified that a total of ninety-
through their supervisory authority have notified two firms intended to provide investment services
the MFSA of their intention to provide cross-border in Malta on a cross-border basis in terms of the
services in Malta in terms of Article 21 of Directive Investment Services Directive 93/22/EEC as
2000/12/EC, which was replaced with Article 28 of amended by Directive 95/26/EC and 97/9/EC and

35
2000/64/EC. The total number of investment firms of the 5 November 2002 concerning Life Assurance.
passporting investment services into Malta as at
the end of 2006 amounted to two hundred and Two insurance brokers, namely First United
seventy. Insurance Brokers Ltd and HSBC International
Financial Advisers (Malta) Ltd have passported into
Furthermore during 2006, the MFSA also received other EU/EEA countries during 2006.
twenty-two notifications from foreign credit
institutions intending to provide banking and INFORMATION SERVICES
investment services in Malta on a cross-border
basis in terms of the Directive 2006/48/EC and the
Investment Services Directive 93/22/EEC bringing
the total to one hundred and two. This brings the
total number of investment firms and credit
institutions passporting their investment services
to three hundred and seventy-two as at the end
of 2006.

UCITS Schemes
CEBS Press Officers Meeting at the MFSA

During 2006, one hundred and thirty-seven The Information Office continued to strenghten
notifications were received from various European the lines of communication between the
UCITS schemes to market their Units in Malta in MFSA, the finance industr y, the press
terms of the UCITS Directive 85/611/EEC as and the general public. The MFSA website
subsequently amended by 2001/109/EC. A total of (www.mfsa.com.mt) is proving to be a very useful
one hundred and fifteen funds were authorised to communications tool. It received over one hundred
market their units in Malta in terms of the UCITS and forty three thousand hits during the year
Directive. As at December 2006, a total of four bringing the total number of hits since its launch,
hundred and fifty-six funds have been authorised in March 2005 to two hundred and forty one
to market their units in Malta in terms of the thousand. This represents an increase of 47% in
UCITS directive. the number of website hits between 2005
and 2006.
Outward Notifications by Maltese Domiciled Firms
During 2006, the Information Office received three
Notifications were submitted to regulators in the hundred and fifty-nine enquiries directly through
United Kingdom and Spain for two sub-funds of the website. The majority of these enquiries were
the Celsius Global Funds SICAV plc to be marketed in relation to Registry of Companies or banking
in terms of Article 44 of the UCITS Directive matters. Other local and foreign enquiries are
85/611/EC. received by phone or email.

Ten insurance companies, namely Orlen Insurance A CEBS press officers’ meeting was held at the MFSA
Ltd, Caversham Insurance (Malta) Ltd, Central Life on the 15 September 2006. The meeting was
Ltd, Practice Plan Insurance Ltd, Propgen Insurance attended by delegates from twenty-one EU
Ltd, Saint John’s Insurance Ltd, Multi Risk Benefits Member States who gave an overview of
Ltd, Middlesea Insurance plc, Nautilus Indemnity developments in their respective countries in
(Europe) Ltd and Central General Ltd were connection with CEBS awareness, reporting
authorised to passport into other EU/EEA countries requirements, super visor y disclosure,
during 2006 in accordance with the Third Non-Life communication, corporate websites and
Directive 92/49/EEC and the Directive 2002/83/EC media relations.

36
Consumer Complaints
CONSUMER COMPLAINTS

The main tasks of the Consumer Complaints Office are to educate consumers on financial services issues,
to receive complaints against financial services licence holders and to assist the complainant and the
intermediary to arrive at a voluntary and fair solution. Table 8 indicates the total number of complaints
received during 2006. The MFSA has from this year decided to issue a separate Annual Report on Consumer
Complaints.

Table 8
Number of Consumer Complaints in 2006

FORMAL COMPLAINTS VERBAL COMPLAINTS QUERIES*

New Cases Cases Unresolved


received closed Cases

Banking-related 34 32 5 7 24

Insurance-related 121 117 13 62 116

Investment Services-related 30 39 8 10 34

Others 5 5 2 6 37

Total Complaints 190 193 28 85 211

Except where otherwise stated, data is from 1 January to 31 December 2006.


Closed cases in 2006 include also cases received in 2005.
* Data for queries started being collected as of 1 April 2006 and does not include requests for publications (educational guides and comparative tables) which account for
a further two hundred and fifty (approx).

38
Appendix A
APPENDIX A

Bilateral MOUs with Foreign Regulators

Country Institution Responsibilities Date Scope

Belgium Banking, Finance and Banking, Securities 23/10/2006 Banking


Insurance Commission and Insurance

Germany Bundesanstalt für Banking, Securities 12/09/2004 Banking, Securities and


Finanzdienstleistungsaufsicht (BaFin) and Insurance Insurance (Primarily Banking)

Gibraltar Financial Services Commission Banking, Securities 30/06/2004 Banking, Securities


and Insurance and Insurance

Guernsey Guernsey Financial Services Banking, Investment 17/01/2004 Banking, Investment


Commission Services, Insurance and Services, Insurance and
Fiduciary Services Fiduciary Services

Isle of Man Financial Services Commission Banking, Investment 16/11/2004 Securities and Banking
Services and Corporate
Services Providers

Isle of Man Insurance and Pensions Authority Insurance and Pensions 27/06/2005 Mutual assistance and
exchange of information

Jersey Jersey Financial Services Commission Banking, Securities 21/11/2005 Mutual assistance and
and Insurance exchange of information

Mauritius Financial Services Commission Securities, Insurance 21/01/2004 Securities, Insurance


and Pensions and Pensions

Netherlands De Nederlandsche Bank N.V. (DNB) Banking, Insurance, 23/10/2006 Banking


Pension Funds and
Securities

Portugal Commissão de Mercado de Securities 23/03/2004 Securities


Valores Mobiliários

Slovakia National Bank of Slovakia Banking 12/02/2004 Banking

Turkey Capital Markets Board of Turkey Securities 04/04/2002 Securities


(Semaye Piyasasi Kurulu)

Turkey Banking Regulation Banking 10/12/2004 Banking


and Supervision Agency

United Kingdom Financial Services Authority Banking, Insurance, 23/04/2004 Banking, Insurance,
Investment Services Investment Services

40
Multilateral MOUs

Organisation Date Scope

IOSCO 28/02/2006 Securities

CESR 01/05/2004 Securities

Bilateral MoUs with the Central Bank of Malta

Institution Date Scope

Central Bank of Malta 16/05/2003 Payment and Securities


settlements systems

Central Bank of Malta 04/02/2003 Exchange of Information in the


fields of financial services

41
Appendix B
APPENDIX B Insurance Brokers List
NEW LICENCES ISSUED DURING 2006
2 institutions were enrolled in the Brokers List
INSURANCE BUSINESS LICENCES during 2006

Insurance Companies Insurance Brokers Register

• Atlas Insurance PCC Ltd - granted authorisation 18 individuals were registered in the Brokers
to convert into a Protected Cell Company Register during 2006
• Caversham Insurance (Malta) Ltd - to carry on
business of insurance restricted to risks situated Tied Insurance Intermediaries
outside Malta in Class 16 (Miscellaneous
Financial Loss) 74 new intermediaries were registered during 2006
• Central Life Ltd – to carry on business of
insurance restricted to commitments outside
Malta in Class 1 (Life and Annuity) INVESTMENTS SERVICES LICENCES
• Multi Risks Benefits Ltd - to carry on business of
insurance in various classes of insurance Collective Investment Schemes
• Practice Plan Insurance Ltd - to carry on business
of insurance in various classes of insurance Retail Schemes - Local
• Propgen Insurance Ltd - to carry on business of
insurance restricted to risks outside Malta in • Celsius Global Funds (SICAV) plc in respect of 1
various classes of insurance scheme and 22 sub-funds to carry out the
• Saint John’s Insurance Ltd - to carry on business activities of locally based UCITS
of insurance in various classes of insurance • HSBC Malta Funds SICAV plc in respect of 2
sub-funds (non-UCITS)
Affiliated Insurance Companies • La Valette Funds (SICAV) plc in respect of 1
sub-fund (non-UCITS)
• Orlen Insurance Ltd • Vilhena Funds SICAV plc in respect of 1 sub-fund
(non-UCITS)
Insurance Managers
Professional Investor Funds
• Alternative Risk Management (Malta) Ltd
• Heritage Insurance Management (Malta) Ltd • Altma Funds SICAV in respect of 5 sub-funds
• HSBC Insurance Management (Malta) Ltd (qualifying)
• Amstel Global Umbrella Fund SICAV plc in
Insurance Agents respect of 1 scheme and 1 sub-fund
(experienced)
• Fogg Insurance Agencies Ltd was authorised to • Broadgate Capital Fund SICAV plc in respect
act as insurance agent of Norwich Union of 1 scheme and 1 sub-fund (qualifying)
International Insurance Ltd in various classes • Century Leader SICAV plc in respect of 1 scheme
• SMS Insurance Agency Ltd was authorised to (qualifying)
act as insurance agent of Vericherung • Ciel European (SICAV) in respect of 1 scheme
Aktiengesellschaft, Faraday Reinsurance Co Ltd, (qualifying/experienced)
Catlin Insurance Company (UK), Gerling at • Citation Multi Strategy Russia & CIS Hedge Fund
Lloyd’s Syndicate and Lloyd’s Syndicate in (SICAV) plc in respect of 1 scheme and 1 sub-
various classes fund (qualifying)

43
• GlobalCapital Funds SICAV in respect of 1 Category 5
scheme and 1 sub-fund (experienced)
• HSBC Malta Funds SICAV plc in respect of •  Unipol Financial Ltd
1 sub-fund (experienced)
• Moment Invest Fund SICAV plc in respect of Recognition as Fund Administrators
1 scheme (experienced)
• Millennium Wave Fund (SICAV) plc in respect of • TMF Fund Administrators (Malta) Ltd
1 scheme (qualifying) •  TMF Services (Malta) Ltd
• NBCG Funds SICAV in respect of 5 sub-funds • Valletta Fund Services Ltd
(qualifying)
• NEF Energy Diversified (SICAV) plc in respect
of 1 scheme and 1 sub-fund (qualifying) TRUSTEE LICENCES
• NEF Nordic Power (SICAV) plc in respect of
1 scheme and 1 sub-fund (qualifying) Authorisation to act as Trustee
• Orange Capital Fund SICAV plc in respect of 4
sub-funds (1 qualifying / 3 experienced) •  BCGL Services Ltd
• Renaissance Institutional Equities Fund SICAV • Chartered Trust Ltd
plc in respect of 1 scheme (qualifying) • CSB Trustees & Fiduciaries Ltd
• Sierra Madre Gold and Silver Venture Capital • Equinox International Ltd
Fund SICAV plc in respect of 1 scheme •  L&TD Fiduciaries Ltd
(experienced) •  La Vallette Fiduciaire Ltd
• Wood & Company Fund SICAV plc in respect of •  Mercury Management Ltd
1 scheme and 1 sub-fund (qualifying) •  Unifin Services Ltd
•  Venture Services Ltd
Recognised Private Schemes
Authorisation to provide fiduciary services only
• Pulse SICAV Ltd
•  FACT Services Ltd
Investment Services Licences • FFC Trust Services Ltd
• MGI Fiduciary Services Ltd
Category 1a •  R. V. Services Ltd

• Swiss Administration Centre Ltd


• Universal Financial Services Ltd

Category 2

• Altegde Capital Management Ltd


• Amstel Capital (Malta) Ltd
• GlobalCapital Fund Advisors (upgraded from
Category 1b)
•  Tell Investment CP
•  Tell Capital Ltd

Category 4

•  Mediterranean Bank plc

44
ABBREVIATIONS

ALFI Association of the Luxemburg Fund Industry


ANDAF Associazione Nazionale Direttori Amministrattivi e Finanziari
BD Banking Directive
BR Banking Rule
CBFA Banking, Finance and Insurance Commission (Belgium)
CEBS Committee of European Banking Supervisors
CEIOPS Committee of European Insurance and Occupational Pensions Supervisors
CESR Committee of European Securities Regulators
CESR-Pol Permanent operational group within CESR responsible for the surveillance
and exchange of information
CESR-Tech Working group within CESR looking at IT related issues
CIS Collective Investment Scheme
CLEG Company Law Expert Group
Co Company
CRD Capital Requirements Directive
DNB De Nederlandsche Bank N.V.
EC European Community
EEA European Economic Area
EFAMA European Fund and Asset Management Association
EU European Union
FIAU Financial Intelligence and Analysis Unit
FSCC Financial Services Consultation Council
FT Financial Times
GAIM Global Alternative Investment Management
GRECO Group of States against Corruption
IAIS International Association of Insurance Supervisors
IOSCO International Organisation of Securities Commission
IT Information Technology
LLTCI Linked Long Term Contracts of Insurance
Ltd Limited
MFSA Malta Financial Services Authority
MiFID Markets in Financial Instruments Directive
MONEYVAL Select Committee of Experts on the Evaluation of Anti-Money Laundering Measures
MMoU Multilateral Memorandum of Understanding
MoU Memorandum of Understanding
NASD National Association of Securities Dealers
NECC National Euro Changeover Committee
PFMA Prevention of Financial Markets Abuse
PIF Professional Investor Fund
PLC Public Liability Company
SFA Special Funds Act
SICAV Investment Company with Variable Share Capital
STEP Society for Trust and Estate Practitioners
UCITS Units for Collective Investments in Transferable Securities
UN United Nations
UK United Kingdom

45
The Armoury at the Presidential Palace in
Valletta is one of the world's greatest arms
collections housed in their original buildings.
It ranks among the most valuable historic
monuments of European culture, containing
abundant material of Italian, German, French
and Spanish origin from principal arms
production centres.
Attard - Malta
Tel: 00356 2144 1155 Fax: 00356 2144 1189
communications@mfsa.com.mt
www.mfsa.com.mt

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