Finance Law and Banking Law

The Malta Financial Services Authority has issued new guidance to credit institutions outlining supervisory expectations for dividend distributions, emphasizing prudent capital planning and financial resilience. While not introducing new regulatory requirements, the circular formalizes current supervisory practices and provides detailed documentation requirements for banks proposing distributions at both institutional and holding company levels.

The European Union's Sixth Capital Requirements Directive introduces a groundbreaking EU-wide framework requiring third-country credit institutions to establish authorised branches when providing core banking services within the EU. This new regime, effective January 2027, replaces the previous patchwork of national rules with harmonised supervisory standards, though several exemptions and transitional protections apply to existing arrangements.

The implementation of CRD VI introduces a new regulatory framework governing how non-EU credit institutions and undertakings can provide core banking services within the European Union. Ireland's transposition of Article 21c requirements on 10 July 2026 creates both opportunities and interpretive challenges for firms navigating deposit-taking, lending, and guarantee provision in the post-January 2027 landscape.

Ireland's Department of Finance has unveiled its renewed "Ireland for Finance" strategy, positioning the country as a key player in the EU's Savings and Investments Union while charting an ambitious course for its €5.6 trillion funds and asset management sector through 2030.

Die ESMA hat klargestellt, dass Event Contracts mit binärem Auszahlungsprofil als Derivate unter bestehende EU-Produktinterventionsmaßnahmen fallen und deren Vertrieb an Retail-Kunden EU-weit verboten ist. Unternehmen, die solche Produkte oder vergleichbare Prediction-Market-Instrumente anbieten, müssen ihre Produktklassifizierung, Vertriebskanäle und MiFID-II-Zulassungsstatus dringend überprüfen und dokumentieren.

The European Parliament's Economic and Monetary Affairs Committee has published two draft reports on the Market Integration and Supervision Package that significantly expand the European Commission's proposals, introducing comprehensive direct ESMA supervision over all EU CCPs and CSDs, direct oversight of significant asset management groups, and a statutory competition mandate for ESMA. These far-reaching changes to EU capital markets supervision architecture will fundamentally impact regulated firms' supe

The Department of Enterprise, Tourism and Employment has launched a public consultation on targeted reforms to the Limited Partnerships Act 1907, proposing changes that could significantly impact Ireland's private funds landscape. The consultation addresses three key areas: increasing the maximum number of partners from 20 to 149, introducing a statutory whitelist of permitted activities for limited partners, and allowing greater flexibility regarding capital contributions and withdrawals.

From 11 January 2027, non-EU banks and significant investment firms must establish licensed branches in each EU Member State where they provide core banking services, or operate through authorized EU entities. Ireland has implemented CRD VI's Article 21c requirements through faithful transposition, introducing a third-country branch regime that affects cross-border lending involving Irish companies, with important exemptions including reverse solicitation that may enable continued market participation.

Explore a comprehensive collection of financial sector publications covering banking, capital markets, pensions, insurance, taxation, funds, asset management, and private wealth management. Access annual reports, benchmarking studies, and industry analyses from Malta's financial services sector spanning 2023-2026.

The Central Bank of Ireland's thematic assessment of the Fitness and Probity regime within the MiFID investment firm sector reveals critical gaps in governance documentation and evidence. Firms are struggling to demonstrate adequate due diligence processes, policy implementation, and Management Responsibility Map compliance. Can your organization withstand regulatory scrutiny of its F&P framework?

The Authority for Anti-Money Laundering and Countering the Financing of Terrorism (AMLA) has released draft guidelines on ongoing monitoring of business relationships under the new Anti-Money Laundering Regulation.

Dechert's submission to Ireland's Department of Enterprise, Tourism and Employment advocates for comprehensive reform of the Limited Partnerships Act 1907, proposing removal of the 20-partner limit, introduction of a statutory whitelist of permitted activities, and full recognition of the commitment and drawdown capital model to modernize Ireland's private fund structures and enhance competitiveness with global jurisdictions.