Brexit Solution for Investment Services Providers

In this Article

Dr Jane Nweike

Offering Brexit solutions for Investment Services Providers (ISPs), Dr Jane Nweike proposes a way forward for Investment Services Providers (ISPs). Dr Nweike proposes the Maltese financial services industry as an ideal playing field to invest in. For further information on MK Fintech Partners and our Services for Investment Firms, contact us via contactmkfintech@kyprianou.com

Introduction

Brexit Solution for Investment Services Providers

From January 1, 2021, with the end of the transition period following the United Kingdom’s (UK) withdrawal from the European Union (EU) (i.e. Brexit), the UK ceases to be part of the EU’s single market.

As such, entities which, prior to Brexit, provided financial services from the UK to Malta and other countries in the EU by way of exercising their passporting rights stopped being able to continue rendering their services within the EU.

Such entities may continue providing their services by:

a) Obtaining a licence from the Malta Financial Services Authority (the “MFSA”) (Malta’s single financial services regulator). This will give such entities the right to provide services in Malta and passport their services to the rest of the EU, or

b) Obtain a licence from another competent authority in the EU and passport their services into Malta and other EU jurisdictions.

Woman holding up Pro-Brexit Sign

Malta as a Brexit Solution

Brexit Solution for Investment Services Providers

The Maltese financial services industry has undergone tremendous growth in the last decade, with the investment services sector being one of the largest sectors within the industry.

This growth is largely a result of Malta’s pro-business environment, made possible by several factors, including:

  • Its membership of the EU, which avails financial services providers the right to passport their services across the EU’s single market,
  • An innovation-friendly financial services regulator,
  • An effective corporate tax of 5% after the relevant exemptions (one of the lowest rates in the world) and a strong network of double tax treaties, and
  • A good investment services ecosystem – Malta is already home to numerous fund managers, UCITS, AIFs, and investment service providers such as Brokers and Trading Venues.

How Can We Help?

Brexit Solution for Investment Services Providers

Our experienced team can assist you with:

  • Incorporating a Maltese company
  • Reviewing your business plan or preparing one for you from scratch
  • Preparing the registration application and compiling supporting documents
  • Liaising with the MFSA and accompanying you to all pre-application meetings
  • Filing all fit and proper tests for all key persons for the MFSA’s approval
  • Drafting MFSA response letters as may be required
  • Referrals to competent persons in our network to fill any needed roles (audit firms, etc.)
  • Any other legal support required throughout the application process

Contact us at contactmkfintech@kyprianou.com for any support you may need.

Key Contact

Jane Chinwe Nweike

International Lawyer

More about MK Fintech Partners Ltd.

Michael Kyprianou Fintech Partners Ltd. is a Maltese company providing services in the FinTech sector. It comprises a team of dedicated experts who provide services such as Legal Advisory, Crypto Licensing, Token Issuers’ Licensing, Investment Services Licensing, and registrations of activities related to Fintech, Crypto, Blockchain & Data Protection, Investment Funds Services & Banking, Company Incorporations, and M&As.

MK Fintech Partners forms part of the Michael Kyprianou Group, a top tier international legal and advisory firm. It has established an enviable reputation as a broad-based legal practice over the years. Mainly by keeping at heart its principle to always exceed its clients’ expectations. MK has grown to become one of the largest law firms in Cyprus with offices in Nicosia, Limassol and Paphos. The MK Group’s international presence also includes fully-fledged offices in Greece (Athens and Thessaloniki), Malta (Birkirkara), Ukraine (Kiev), the United Arab Emirates (Dubai), United Kingdom (London), Israel (Tel Aviv), and Germany (Frankfurt).

The content of this article is valid as at the date of its first publication. It intendeds to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on a specific matter before acting on any information provided. For further information, contact us at MK Fintech Partners via email at contactmkfintech@kyprianou.com or by telephone +356 2016 1010.

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