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Malta’s MiCA Act: Now Enacted

Following the introduction of the Markets in Crypto-Assets Bill as discussed in our previous article, Malta has officially enacted the Markets in Crypto-Assets Act, 2024 (Act No. XXXVI of 2024) (the “MiCA Act”). This legislation fortifies Malta’s role as a front-runner in crypto-asset regulation, synchronizing with the EU’s MiCA regulation to promote uniformity across the European Economic Area (“EEA”).

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MiCA Act

The MiCA Act creates a comprehensive framework for the regulation, issuance, and admission to trading of crypto-assets, while setting clear operational standards for Crypto-Asset Service Providers (“CASP”s). Here is a deeper look into what the MiCA Act regulates:

 

  • Asset-Referenced Tokens (“ART”s): these are crypto-assets designed to maintain a stable value by being pegged or referenced to other values such as fiat currencies, commodities, or other crypto-assets.
  • E-Money Tokens (“EMT”s): these tokens represent digital forms of fiat money and are primarily used for payment transactions.
  • Other Crypto-Assets: this category includes various other digital representations of value or rights that can be transferred and stored electronically, excluding ARTs and EMTs.
  • CASPs: the MiCA Act outlines the prerequisites for CASPs, providing a legal framework for the licensing and supervision of entities that offer services related to crypto-assets.

In conjunction with the legislation, the Markets in Crypto-Assets Act (Fees) Regulations has been also issued which outlines the applicable fees for various services under the MiCA Act.

Issuance of Other Crypto-Assets Fees:

Action Fee
Submission of White Paper €2,500
Submission of Modified White Paper €1,000

Issuance of E-Money Tokens Fees:

Action Fee
Submission of White Paper €3,000
Submission of Modified White Paper €1,000

Issuance of Asset-Referenced Tokens Fees:

Action Fee Additional Notes
Submission of White Paper for Assessment €3,000 Applied to credit institutions submitting for approval
Application for Public Offering or Trading €8,000 For new offerings or trading of asset-referenced tokens
Submission of Modified White Paper €1,000 For modifications to an existing white paper
Submission of Additional Asset-Referenced Token Application €3,000 For each additional asset-referenced token application
Annual Supervision 0.01% of average outstanding tokens (max €250,000) Minimum fee of €2,000 if calculated fee is less

Fees applicable to CASPs:

Licence Class Services Included Application Fee Simplified Procedure Application Fee*
Class 1 Crypto-asset service provider authorised for the following crypto-asset services:

  • execution of orders on behalf of clients;
  • placing of crypto-assets;
  • providing transfer services for crypto-assets on behalf of clients;
  • reception and transmission of orders for crypto-assets on behalf of clients;
  • providing advice on crypto-assets; and/or
  • providing portfolio management on crypto-assets.
€10,000 €5,000
Class 2 Crypto-asset service provider authorised for any crypto-asset services under Class 1 and:

  • providing custody and administration of crypto-assets on behalf of clients;
  • exchange of crypto-assets for funds;
  • and/or exchange of crypto-assets for other crypto-assets.
€20,000 €10,000
Class 3 Crypto-asset service provider authorised for any crypto-asset services under Class 2 and:

  • operation of a trading platform for crypto-assets.
€25,000 €12,500

*Fees apply only to VFA service providers licensed as of 30 December 2024 under the Virtual Financial Assets Act, authorized to offer one or more VFA services.

Annual Supervisory Fees for CASPs

Each CASP is subject to an annual supervisory fee. The amount of this fee depends on the highest class of service they are authorized to provide:

  • Class 1 Services: €10,000 per year
  • Class 2 Services: €25,000 per year
  • Class 3 Services: €50,000 per year

If a CASP is authorized to provide services across multiple classes, the fee paid will be based on the class with the highest fee rate.

For further information, or to schedule a consultation with our FinTech Team, please contact us by clicking here.

Joseph F. Borg
About the author

Joseph F. Borg

Joseph Borg heads both the Fintech and the Gaming and Gambling practices of WH Partners.

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Gaby Zammit
About the author

Gaby Zammit

Gaby Zammit is a managing associate within the FinTech team.

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Galyna Podoprikhina
About the author

Galyna Podoprikhina

Associate who is part of FinTech, Intellectual Property and Gaming & Gambling Teams. Listed in the Associates to Watch category of the Chambers Fintech 2024 guide.

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