Tokenisation of Financial Instruments and Real-World Assets in Malta

The European Union's payments landscape is about to undergo its most significant transformation since PSD2. The forthcoming PSD3 Directive and Payment Services Regulation (PSR) package expected to enter into force in mid-2026 will reshape the licensing, conduct, and operational requirements for every payment institution, electronic money institution, and crypto-asset service provider operating in the EU. This is not a distant regulatory event. The transitional clock starts on publication, and firms that delay preparation risk losing their authorisation. Here is what you need to know!

The Malta Financial Services Authority (MFSA) has opened a targeted consultation on tokenising financial instruments and realworld assets, testing whether distributed ledger technology (DLT) can be integrated into Malta’s financial ecosystem under existing EU and national rules or whether tailored guidance and regulatory change are needed. 

Tokenisation means the digital representation of asset rights on DLT, which promises programmable issuance, faster settlement, fractional ownership and greater transparency for instruments such as bonds, fund units, equities and tangible assets like real estate. The MFSA seeks industry input to identify priority asset classes for a pilot, assess infrastructural readiness (token registries, smartcontract audits, onchain corporate actions, wallet and custody models) and clarify legal issues including ownership, settlement finality and crossborder enforceability of smart contracts. 

The paper flags wide-ranging risks like cyber and custody failures, smartcontract and oracle vulnerabilities, market integrity and liquidity dynamics, AML/CFT and systemic concerns and proposes a phased, proportionate approach combining robust authorisation, governance and disclosure requirements aligned with EU standards. 

Stakeholder feedback will shape Malta’s supervisory stance, potential pilots and the longerterm regulatory roadmap as the MFSA balances innovation with investor protection and market stability. 

Consultation closes 30 June 2026 (fintech@mfsa.mt).

https://www.mfsa.mt/publication/consultation-document-on-the-tokenisation-of-financial-instruments-and-real-world-assets-in-malta/

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Joeline Barbara

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Junior Associate

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Justine Scerri Herrera

Editor
Founder & Managing Partner

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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  at the date of its first publication. It intends 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 you read. For further information, contact us at MK Fintech Partners via email at contactmkfintech@kyprianou.com or by telephone +356 9905 6193.