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Banks’ Responsibilities in Preventing Financial Crime in Malta Under Scrutiny
The Malta Financial Services Authority (MFSA) has taken a significant step in its efforts to combat financial crime by introducing the Prevention of Financial Markets Abuse Rules. These rules, which came into effect on June 2, 2022, supersede the previous Guidance Notes and aim to ensure that market abuse is prevented across all entities falling within the scope of the Market Abuse Regulation (MAR).
Impact on Entities
The new rules will have a direct impact on:
- Issuers of financial instruments listed on the Malta Stock Exchange
- Market operators
- Investment firms
- Persons professionally arranging or executing transactions
These entities must now comply with specific requirements aimed at preventing market abuse, including those related to:
- Market sounding
- Disclosure
- Insider trading
Key Changes
One of the key changes introduced by the rules is the requirement for issuers and their representatives to notify the MFSA of every transaction conducted on their own account. This move aims to increase transparency and prevent insider trading.
Additional Responsibilities
Market operators, investment firms, and persons professionally arranging or executing transactions are also subject to new requirements aimed at preventing market abuse. These include:
- Obligations related to disclosure
- Reporting
- Record-keeping
Guidelines for Commodity Derivatives Markets and Spot Markets
The rules also place additional responsibilities on commodity derivatives markets and spot markets, which must now comply with specific guidelines designed to prevent market manipulation and other forms of financial crime.
Industry Expert Opinion
According to industry experts, the introduction of these rules marks a significant step forward in Malta’s efforts to combat financial crime. “These rules provide a centralized source of guidance for market participants, ensuring that they are aware of their responsibilities and obligations under the MAR,” said [Name], an expert in financial regulation.
Access to Rules
The MFSA has made the rules available on its website, providing market players with access to the latest legislative instruments and guidelines related to preventing financial crime.