Enforcement Directorate The Enforcement Directorate has two functions; an Enforcement Function and a Due Diligence Function. FIND OUT MORE

Enforcement Function

The MFSA has a range of enforcement powers from the MFSA Act (Cap 330 of the Laws of Malta) and the various other sectorial financial services legislation. In addition, the Enforcement Function is responsible for investigating any possible breaches of financial services laws and regulations in relation to persons or entities authorised and supervised by the MFSA.

Due Diligence Function

The Due Diligence function set up in 2020, is responsible for carrying out due diligence checks on persons proposed to take on approved positions within entities licensed by the MFSA. This necessitates a close collaboration between the different functions of the MFSA both of a supervisory and regulatory capacity in order to carry out its work more effectively. Amongst its responsibilities, the function also oversees ongoing due diligence to ensure continued integrity, name screening of all functionaries and other tasks such as the vetting of prospective Highly Qualified Persons. The function acts as a control which is essential to safeguard the continued integrity of the financial services sector and acts a safety net for continued consumer protection and trust.

Administrative Measures & Penalties

Whistleblowing

Scams

Enforcement Documentation

Settlement Agreements

Administrative Measures & Penalties

The role of the Enforcement Function is to undertake necessary investigations regarding matters which come to its attention through various sources. It investigates authorised persons who have or are suspected to have contravened any provision of any law administered by the MFSA or any rules or regulations made thereunder and also investigates persons, both legal and natural, that carry out licensable activities without the necessary licence, authorisation or registration from the Authority.

Should the Enforcement Function identify any breach, it will make recommendations on what regulatory actions should be taken by the Authority.

The Enforcement Function exercises the powers vested in it by virtue of the Malta Financial Services Act.

The remit of the Enforcement Function includes undertaking investigative and enforcement work in accordance with sectorial financial services legislation and the regulations made thereunder, as well as rules, directives and regulatory requirements issued by the MFSA.

Whistleblowing

The Protection of the Whistleblower Act (CAP. 527) (the “Act”) aims to provide a framework for the protection of persons who expose improper practices such as misconduct and, or dishonest or illegal activity in an organisation. These persons are considered as “Whistleblowers”. Whistleblowing is therefore the disclosure by a person of information regarding improper practices in an organisation. The Act also provides for protection of the whistleblower against detrimental action that he/she might otherwise suffer as a result of his/her whistleblowing.

As the MFSA is a designated authority under the First Schedule to the Act, it is designated to receive external disclosures from whistleblowers in relation to matters, activities or services falling under the regulatory and supervisory competence of the MFSA and for this purpose it has set up a Whistleblowing Reports Unit.

Scams

Settlement Agreements

The Settlement Policy provides for the possibility of resolving investigations in the shortest time possible. Following a consultation process conducted in relation to the principles in the Settlement Policy, the MFSA assessed the feedback received and the final Settlement Policy has been devised. The Settlement Policy sets out the principles which are to be adhered to during settlement discussions. Resolving investigations by means of a settlement agreement will still entail the taking of an administrative measure by the MFSA however this will be by means of a settlement agreement which would have to be agreed to between the investigated person and the MFSA.

 

MFSA Settlement Policy