Answer ... The central authority responsible for enforcement within the banking sector in Malta is the MFSA; the role it occupies is two-fold. It has the role of issuing, revoking or suspending licences, which role is exclusively entrusted to the MFSA as Malta’s national competent authority, in co-operation with the ECB whenever the SSM requires joint co-operation. The second function which the MFSA serves is that of carrying out supervision over market participants operating within the Maltese jurisdiction and the way they conduct business.
The legal framework within which the MFSA exists furnishes the authority with an extensive set of tools allowing the MFSA to ensure that local legislation is consistent with European legislation and that the latter is implemented and subsequently enforced within the jurisdiction. The MFSA is empowered not only to issue its own Rules (mostly based on ECB regulations, guidelines and general instructions), which are just as binding as any other applicable law but is also empowered to carry out both on and off-site inspections, impose sanctions and administrative penalties and most importantly, it retains access to any files held by the licence holders, allowing it to maintain an accurate and detailed record of the market’s position.
Despite the wide array of powers granted to the MFSA, the MFSA does not operate in isolation. With Malta participating in the European Banking Union, the SSM and the SRM are directly applicable to the Maltese jurisdiction and consequently, the MFSA works in tandem with the ECB as mandated by the aforementioned mechanisms.
As a result of the SSM, the MFSA constantly cooperates with the ECB. The MFSA and the ECB are also obliged to exchange any information they hold.
Whilst most powers are delegated to the MFSA to carry out functions on behalf of the ECB, the ECB is also empowered to act directly where the respective credit institution is one which, in terms of the SSM, is considered to be of significant relevance to the domestic economy, based on criteria emanating from the aforementioned legislation, or because they are considered to be one (out of the three) of the key players within the economy of a given Member State. Such institutions are commonly referred to as Systemically Important Banks (SIBs).
The ECB is vested with additional powers which allow it to take over the functions which are usually exercised by the MFSA on its behalf, with respect to institutions whose failure could have wide-reaching effects.
The ECB, for instance, retains exclusive jurisdiction over the authorisation (licencing) or the withdrawal of such authorisation relating to any credit institutions which are considered to be of significant systemic importance, despite the MFSA being the competent authority dealing with licencing domestically. Similarly, any notification of acquisitions or disposals of qualifying holdings in the aforementioned credit institutions is assessed by the ECB directly.
Additionally, the ECB may utilise its extended investigatory powers at any time, particularly in situations where financial assistance would have been requested (or received) by a given credit institution.
The Central Bank of Malta is an independent institution which, despite being the former central authority (and regulator), nowadays has the primary objective of maintaining price stability. The Central Bank is entrusted with undertaking macro-economic supervision.
Its duties include the carrying out of economic and financial research and statistics used in the decision-making process of the Governing Council of the ECB, advising the Government on economic and financial policies, implementing the ECB’s monetary policy through market operations, acting as banker to the Government of Malta, as well as ensuring that there is a sufficient supply of banknotes and coins which meets the demands of the public.
Furthermore, the Central Bank of Malta actively participates in the European System of Central Banks, the Eurosystem and other European Union bodies. The Central Bank of Malta also operates a payment system (TARGET2-Malta) which forms part of the larger network known as the TARGET2, being the European System of Central Banks’ (“ESCB”) Real-Time Gross Settlement system for the euro. Furthermore, it oversees domestic and cross-border payment and securities settlement systems.
The Central Bank of Malta is also responsible for the coordination of the Single Euro Payments Area (‘SEPA’) project. It is also involved in the domestic introduction of the International Bank Account Number (‘IBAN’).
The Central Bank of Malta also provides facilities in relation to clearance systems.