Malta Forex License
The Investment Services Act, 1994, provides the legal framework for the provision of the Forex Services in Malta.
Permitted Activities
As per the Act, a Forex means Foreign Exchange or ‘the currency market’ and is the market in which all world currencies are traded.
Malta Forex License Categories
Category 1
The category 1 license is of two types:
- Category 1a – Licence Holders authorised to receive and transmit orders in relation to one or more instruments and, or provide investment advice and, or place instruments without a firm commitment basis but not to hold or control Clients’ Money or Customers’ Assets.
- Category 1b – License holders authorised to deal as agent, arrange deals or provide advice in terms of the Act solely for non-private customers but not to hold or control clients’ money or customers’ assets, deal for their own account or underwrite.
Category 2
Category 2 license holders are authorised to provide investment services, and to hold or control clients’ money or customers’ assets, but not to deal for their own account or underwrite.
Category 3
Category 3 license holders are authorised to provide investment services, to hold and control clients’ money or customers’ assets, and to deal for their own account or underwrite.
Category 4
Category 4 license holders are authorised to act as trustees or custodians of collective investment schemes.
Legal Requirements
|
Sr.
No |
Element | Requirement(s) |
| Entity Requirements |
The entity making the application is a Malta company under the Companies Act (CAP. 386)
Company includes:
|
|
| Director’s Requirements | The licensee will need at least three (3) directors who are Fit and Proper, with at least one (1) Maltese resident. | |
| Shareholder requirements |
|
|
| Compliance Officer | The Licensee must establish and maintain an appropriate and effective compliance function within the firm which operates independently of all operational and business line functions and senior or supervisory management. | |
| Money Laundering Reporting Officer | The Licensee must establish and maintain an appropriate and effective Money Laundering Reporting function within the firm which operates independently of all operational and business line functions and senior or supervisory management. | |
| Risk Officer | The Licensee must establish and maintain an appropriate and effective Risk management function within the firm which operates independently of all operational and business line functions and senior or supervisory management. | |
| Local Office | The applicant must have premises acceptable to the Malta Financial Services Authority (MFSA). The premises should be able to facilitate confidential interaction between the applicant and its clients, and provide for safe and confidential storage of documents. | |
| Auditor | The Licensee shall establish an internal audit / audit committee in order to undertake the internal audit function of the company and which shall be independent for the management of the company or outsource. | |
| Insurance | The applicant must have indemnity insurance coverage or a fidelity bond acceptable to the MFSA. | |
| Minimum Capital Requirements |
The Applicant must have the prescribed minimum paid-up capital and is able to meet the prescribed minimum net liquid capital requirement in cash or readily marketable securities.
The prescribed minimum paid-up capital;
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Ongoing Obligations
- A Forex License is issued for a period of 5 years. On expiration of such term, the Malta Financial Services Authority may renew such licence for further 5 year periods, subject to continued compliance by the Licensee and upon payment of the renewal fee.
- Filing of Audited Accounts: Filing of Audited Accounts: The financial statements must be approved within 10 months from the accounting year end and must be filed with the Registrar of Companies within 10 months plus 42 days from the accounting year end. However if the 1st accounting period is longer than 12 months, then the approval and submission date need to be decreased by the number of days that the accounting period is longer than 12 months .If these deadlines are not adhered to, penalties of €25 plus €0.50c per day will apply accordingly
- The Licensee must maintain appropriate policies of insurance for the purpose of indemnifying such licensee against any liability that may be incurred as a result of any act or omission by the licensee or any of its officers or employees in the conduct of the licensee’s securities business.
About Valsen Fiduciaries
Valsen Fiduciaries is a licensed independent global service provider of a broad range of fiduciary, administrative, legal, corporate secretarial and support services.
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- Company formations and Administration
- Assistance with Bank Account opening
- Collective Investment Setup and Administration
- Intellectual Property Registrations and Maintenance.
- Trusts and Foundations setup and administration
- Online Payment Gateway Solutions
- Banking Licenses and PSP, E-Money, E- Wallet Licenses
- Yacht and aircraft registrations.
- Cryptocurrency Solutions (ICO, STO, Crypto Exchanges etc)
The Valsen Advantage
- We will advise you on the optimal legal structure for your requirements, size, expectations and circumstances. We have extensive knowledge of a wide range of securities dealer licenses in all major jurisdictions.
- Valsen will assist to complete every form for each process in the best way we know how (Based on our many years’ experience with various regulators and service providers across the world)
- We are very hands on in the post filing period checking with re regulator and service providers and updating you regularly. Any queries raised by the regulators and service providers during processing will be quickly synthesized by us and we shall craft the right responses to move the process forward fast.
- We have a full in-house compliance support for all compliance requirements with the regulator and service providers
Our Contact Details
Please visit us on: www.offshorelicense-regulatory.com , www.valsen-corporate.com
OR Contact us on:
- Tel: +248 4321018
- WhatsApp: +248 2525217
- Skype: vf-international.com
- Email: [email protected]