Credit Institutions

    The CRR and the CRDIV, which together constitute the CRD IV Package were published in the Official Journal (OJ) of the European Union on 27 June 2013.

    The CRD IV Package sets out the legal framework for the prudential regulation and supervision of credit institutions. Member States are required to adopt and publish the laws, regulations and administrative provisions necessary to comply with CRDIV. In this respect, the Banking Act is in the process of being amended to reflect changes arising from the transposition of CRDIV. Furthermore, the requisite requirements arising from the ‘European Passport Rights for Credit Institutions Regulations’ and 'Penalties for Offences Regulations’ shall be repealed once the new 'European Passport Rights for Credit Institutions Regulations’ and ‘Administrative Penalties, Measures and Investigatory Powers Regulations’ are published. While the ‘Banking Act (Capital Adequacy) Regulations’ shall be repealed, new ‘Banking Act (Supervisory Review) Regulations’ shall be published. The latter shall include both provisions currently found in the Banking Act as well as provisions previously found in Banking Rule BR/12.

    Credit institutions may wish to refer to the 'Supervisory Consolidation Regulations' which have been published (but have as yet not officially come into force). The latter shall replace both provisions in the Banking Act as well as in Banking Rule BR/10. A new regulation on Implementing and Transitional Provisions under the CRR is also in the process of being issued.

    The above regulations shall come into force on such date as the Minister responsible for finance may by notice in the Gazette establish.

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

                                                                                        Main Legislation | Subsidiary Legislation | Related Legislation

    Main Legislation
    Banking Act Cap. 371
    Summary of the Banking Act
    Act No. XXI of 2015
    ACT No. XXXI of 2017
    ACT No. XXVI of 2018

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    Subsidiary Legislation
    S.L. 371.04 Representative Offices (Requirements and Activities) Regulations
    S.L. 371.05 Administrative Penalties, Measures and Investigatory Powers Regulations
    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. 371.09 Depositor Compensation Scheme Regulations
    S.L. 371.10 Credit Institutions (Fees) Regulations
    S.L. 371.11 European Passport Rights for Credit Institutions Regulations
    S.L. 371.12 Credit Institutions (Reorganisation and Winding-up) Regulations
    S.L. 371.13 Banking Act (Capital Adequacy) Regulations 
    S.L. 371.14 Banking Act (Access to Emissions Allowance Auction) Regulations 
    S.L. 371.15 Supervisory Consolidation Regulations 
    S.L. 371.16 Banking Act (Supervisory Review) Regulations 
    S.L. 371.17 CRR (Implementing and Transitional Provisions) Regulations 
    S.L. 16.06 Interest Rate (Exemption) Regulations
    S.L. 371.18 Credit Institutions and Financial Institutions (Payment Accounts) Regulations 
    L.N. 384 of 2017 - VARIOUS FINANCIAL SERVICES LAWS (AMENDMENT) ACT 2017  - (ACT NO XXXI OF 2017) - Commencement Notice
    L.N. 401 of 2017 - Investment Services Act and Banking Act (MiFID and MiFIR Administrative Penalties, Measures and Investigatory Powers) Regulations, 2017
    L.N. 402 of 2017 - Markets in Financial Instruments Regulations, 2017

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    Related Legislation
    Malta Financial Services Authority Act Cap. 330
    Financial Institutions Act Cap. 376
    Central Bank of Malta Act Cap. 204
    Prevention of Financial Markets Abuse Act Cap. 476
    Prevention of Money Laundering Act Cap. 373
    Professional Secrecy Act Cap. 377
    Set-off and Netting on Insolvency Act Cap. 459
    S.L. 459.01 Financial Collateral Arrangements Regulations
    Controlled Companies (Procedure for Liquidation) Act Cap. 383
    S.L. 330.07 Distance Selling (Retail Financial Services) Regulations
    S.L. 330.06 MFSA Act - Financial Conglomerates Regulations
    Depositor Compensation Scheme (Amendment) Regulations, 2017

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