MLT FSA MiCA Application Process


On Dec. 10, MLT FSA published a circular for MiCA applicants.


  • MLT FSA clarified licensing requirements and the authorization process related to Reg 2023/1114 on crypto-asset markets and the Markets in crypto-assets act, 2024.
  • Also clarifies related legal notices, detailed in circular on Markets in crypto-assets act.
  • Follows MLT FSA Nov. 2024 issued circular on implementation of MiCA, see #233941.
  • CASP Application Process
  • As Malta transitions from virtual financial assets framework to the new MiCA Act, the authorization process for entities may vary depending on current authorization status.
  • MLT FSA notes that an entity shall fall under either one of the following categories.
  • Entities granted a license under virtual financial assets framework prior to Dec. 30, 2024 (category A entities) and entities which were in the process of applying for a VFA license and not in possession of a license prior to Dec. 30, 2024 (category B entities).
  • Category A entities can either utilize the grandfathering period provided under MiCA Act or apply for a license through the simplified application process outlined in the Act.
  • Category B entities are ineligible for simplified application process and must initiate a new application in accordance with the Act and its associated rules and regulations.
  • New entities seeking authorization in terms of the MiCA Act after Dec. 30, 2024 shall follow the authorization process set out in the Authorisation process service charter.
  • Effectiveness
  • Licensing requirements depend on the application date of Dec. 30, 2024, as outlined.

Regulators MLT FSA
Entity Types B/D; Bank; Inv Co; MSB
Reference Cir, 12/10/2024; MICA Reg 2023/1114; LN 295/2024; Fintech
Functions Compliance; Financial; Legal; Operations; Reporting; Risk; Trading
Countries Malta
Category
State
Products Banking; Cryptocurrency; Fund Mgt; Payments; Securities
Regions EMEA
Rule Type Final
Rule Date 12/10/2024
Effective Date 12/30/2024
Rule Id 236648
Linked to Rule :233941
Reg. Last Update 12/10/2024
Report Section EU

Last substantive update on 12/13/2024