Regulation of funds in Malta : the challenges ahead

Abstract

The purpose of this paper is to test two hypotheses: first, that the regulatory framework applicable to funds in Malta and the Malta Financial Services Authority's (MFSA's) approach to financial supervision, have been instrumental to the process which made Malta an attractive jurisdiction for the registration of funds; and second, that the proper implementation of the Alternative Investment Fund Managers Directive (AIFMD) and the sustained commitment of the MFSA to engage qualified resources for proper supervision of the financial sector are fundamental, if Malta is to remain an attractive funds jurisdiction. The research was carried out through a literature review of available documentation and empirical research via a survey carried out by way of a questionnaire that was sent to a selected sample of fund professionals operating in Malta. The findings of the empirical research suggest that the regulatory and supervisory regime in Malta has indeed played a pivotal role in establishing Malta as a funds jurisdiction. The research has also confirmed the challenges which Malta is facing in this field. The paper examines the regulation and the supervision of funds in Malta and sheds light on the challenges that need to be overcome if Malta is to retain its position as a jurisdiction for the registration of funds. The authors also make recommendations on how the challenges may be addressed.