Credit Institutions Law

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Credit Institutions Law has experienced a number of important changes, brought about by regional and global consolidations of business and financial markets, as well as increased regulation. This becomes increasingly important when taking into account the Maltese financial markets’ integration into the larger European Single Markets. This has proved to be challenging for both the local banking industry, as well as Maltese market players. Although these market players were pushed into a much larger financial playing field, they have managed to turn a challenge into a golden opportunity and have turned Malta’s banking system into one of the soundest and most consistently ranked systems in the world.

Malta’s lure as a popular jurisdiction for a number of credit institutions can be attributed to a number of factors, mainly Malta’s accessible regulator, its highly competitive costs and business- friendly environment. With its reputation of being an exceptional European hub for financial services, Malta has attracted a number of market players that have chosen to set up their headquarters on our shores, or establish a branch or e-money institution herein.

Cyprus has also set itself up as a prime jurisdiction for banking & finance for various European and international firms.

Credit Institutions Law in Malta

The main Maltese legislation dealing with credit institutions law is the Banking Act (1994). The Act contains the framework for the regulation and supervision of banks in Malta, as well as the regulation of credit institutions. It is supplemented by a number of legal notices which regulate specific aspects of banking transactions. Apart from the provisions contained in the Banking Act, within the Maltese Civil Code and the Commercial Code one can find various principles which regulate transactions, such as borrowing and loans, deposits, payments, setting off, pledges and hypothecation of property.

Credit Institutions Law in Cyprus - Excluding Bank Regulatory

With a business friendly-tax system which provides specific exemptions and incentives to investment, Cyprus has also emerged as a very attractive jurisdiction for a number of European, Asian and Middle Eastern firms and banks which have decided to operate subsidiaries, branches or representative offices in Cyprus.

Despite the 2012-3 period of financial crisis which proved to be a challenge, Cyprus has retained its competitive advantage and only two years later, the Eurogroup commended the Cypriot authorities for the progress which has been made as fiscal developments continue to exceed expectations. Thus, the Cypriot banking & finance industry continues to thrive and offer various opportunities to market players.

The need for a thorough understanding of the Cypriot credit institutions law and financial market and how to leverage their characteristics is crucial for the running of a successful banking or financial enterprise in Cyprus. At Chetcuti Cauchi, we help our clients to gain further knowledge about the banking & finance system in Cyprus so that we may proceed with any sophisticated transactions and overcome any hurdles which they may encounter prior or throughout the process itself. 

Our Credit Institutions Law Practice

At Chetcuti Cauchi, we have extensive expertise in the banking, pensions and financial services law and a direct industry knowledge when we are servicing clients even during the most challenging of times. We offer advice on an array of credit institutions law matters, including the granting of loans, property loan transactions and mortgages, syndication, collateral, security enforcement, professional secrecy, online banking transactions, e-commerce transactions and merchant accounts and general licensing and compliance issues.

Our professionals have specialist knowledge of the sector which allows them to provide results driven commercial advice to banks and financial institutions on some of their most complex transactions and to assist them when they are tackling their most challenging business issues.

In order to provide the most comprehensive advice possible, our firm’s Credit Institutions Law team consists of a multi-disciplinary group of seasoned lawyers from our Banking, Capital Markets, Corporate, Tax, Litigation and Real Estate practices who have an unrivalled breadth and depth of experience of working with Banks in Europe, the Americas and Asia.

Our clients are typically banks or financial institutions seeking advice on regulatory, licencing, operational and traditional substantive law issues. The firm also advises in the legal and regulatory aspects of online delivery of financial products and services, particularly Internet banking and online payment systems.

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Key Contacts

Mr Steve Muscat Azzopardi

Senior Manager, Corporate & Fintech

+356 22056438

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