Banking Supervision Banking Supervision is responsible for the oversight of credit institutions,
credit intermediaries and credit servicers.
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Banking Supervision

The Malta Financial Services Authority is responsible for the authorisation and supervision of:

  1. Credit institutions authorised under the Banking Act (Chapter 371 of the Laws of Malta),
  2. Credit intermediaries admitted under the Credit Agreements for Consumers relating to Residential Immovable Property Regulations (S.L. 378.10), and
  3. Credit servicers authorised under the Credit Servicers and Credit Purchasers Act (Chapter 645 of the Laws of Malta).

The applicable Acts, Subsidiary legislations and any Rules issued by the Authority thereunder outline the supervisory framework in which such entities are obliged to operate and provide for the requirements that these entities shall follow.

Conduct Banking

Conduct supervision of the banking sector regulates, oversees and sanctions the conduct of supervised institutions offering retail banking products and services, based on the existing legal requirements in Malta and also the impositions arising from the European Union’s Directives and Regulations and respective requirements. It aims to ensure:

  • compliance with integrity, suitability and competence criteria by the institutions supervised and their staff;
  • verification of the rules applying to the offering of banking products and services;
  • disclosure of clear, comprehensive and up-to-date information about the banking products and services offered, before and while the contracts are in force.

This supervision is carried out both through on-site and off-site inspections, which results and respective required action to be taken by credit institutions are after communicated to the latter. In those cases where thematic reviews take place, besides the communication to credit institutions in a one to one basis, the Authority also establishes best practices, through Circulars addressed to the respective institutions, and which the latter must follow in their interaction with their customers.

Credit Institutions

Credit Intermediaries

Credit Servicers

Credit Institutions

The Capital Requirements Regulation (‘CRR’) and the Capital Requirements Directive (‘CRDIV’) were initially published on 27 June 2013. Several amendments have been carried out during the years. The main amendments were affected by the CRRII and the CRDV on 7 June 2019 (‘New CRD Package’).

The New CRD Package sets out an enhanced legal framework for the prudential regulation and supervision of credit institutions as regards exempted entities, financial holding companies, mixed financial holding companies, remuneration, supervisory measures, powers and capital conservation measures, the leverage ratio, the net stable funding ratio, requirements for own funds and eligible liabilities, counterparty credit risk, market risk, exposures to central counterparties, exposures to collective investment undertakings, large exposures and reporting and disclosure requirements.

Member States are required to adopt and publish the laws, regulations and administrative provisions necessary in order to comply with the CRDV. In this respect, the main national legislation, including the Banking Act (Chapter 371 of the Laws of Malta), is in the process of being amended to reflect changes arising from the transposition of CRDV. Furthermore, other subsidiary legislation and Banking Rules issued under the Banking Act will also be amended to reflect the new amendments.

Notwithstanding the above, credit institutions shall refer to the provisions in CRDV which shall apply until such time local legislation transposing the latter comes into force.

Subsidiary Legislation

S.L. 371.04 – Representative Offices (Requirements and Activities) Regulations

S.L. 371.05 – Administrative Penalties, Measures, and Investigatory Powers Regulations

L.N. 38 of 2022 – Administrative Penalties, Measures and Investigatory Powers (Amendment) Regulations, 2021 (L.N. 491 of 2021) – Commencement Notice

S.L. 371.06 – Fees payable on the Filing of Judicial Acts in connection with Appeals Regulations

S.L. 371.07 – Declaration of Bank Holidays Order

S.L. 371.10 – Credit Institutions (Fees) Regulations

L.N. 364 of 2024 – Credit Institutions (Fees) (Amendment) Regulations, 2024

S.L. 371.11 – European Passport Rights for Credit Institutions Regulations

L.N. 39 of 2022 – European Passport Rights for Credit Institutions (Amendment) Regulations, 2021 (L.N. 492 of 2021) – Commencement Notice

L.N. 365 of 2024 – European Passport Rights for Credit Institutions (Amendment) Regulations, 2024

S.L. 371.12 – Credit Institutions (Reorganisation and Winding-up) Regulations

S.L. 371.14 – Banking Act (Access to Emissions Allowance Auction) Regulations

S.L. 371.15 – Supervisory Consolidation Regulations

L.N. 36 of 2022 – Supervisory Consolidation (Credit Institutions) Regulations, 2021 (L.N. 494 of 2021) (S.L. 371.22) – Commencement Notice

S.L. 371.16 – Banking Act (Supervisory Review) Regulations

L.N. 40 of 2022 – Banking Act (Supervisory Review) (Amendment) Regulations, 2021 (L.N. 493 of 2021) – Commencement Notice

S.L. 371.17 – CRR (Implementing and Transitional Provisions) Regulations

L.N. 132 of 2022 – CRR (Implementing and Transitional Provisions) (Amendment) Regulations, 2022

S.L. 371.18 – Credit Institutions and Financial Institutions (Payment Accounts) Regulations

S.L. 371.19 – Investment Services Act and Banking Act (MiFID and MiFIR Administrative Penalties, Measures and Investigatory Powers) Regulations

L.N. 135 of 2022 – Investment Services Act and Banking Act (MiFID and MiFIR Administrative Penalties, Measures and Investigatory Powers) (Amendment) Regulations, 2022

User Guidelines – L.N. 135 of 2022

S.L. 371.20 – Markets in Financial Instrument Regulations

S.L. 371.21 – Equity Release Financial Products Regulations

S.L. 371.22 – Supervisory Consolidation (Credit Institutions) Regulations

S.L. 376.06 – Equity Release Financial Products Regulations

Credit Intermediaries

In this section one will find the main legislation laying down the framework of the regulatory regime applicable to credit intermediaries. These provide for the regulatory structure for the supervision of the MFSA, together with the MCCAA, of these entities and include, amongst others, the powers of the MFSA to grant, restrict or withdraw admissions issued to credit intermediaries. The main legislation also provides for the power of the MFSA and the MCCAA to impose administrative penalties on these entities in specific circumstances. The main legislation also contains an enabling clause for the MFSA to issue Credit Intermediaries’ Rules to further supplement the provisions in the law.