Funds and Investment Services

Malta offers a robust and flexible regulatory framework for collective investment schemes and investment service providers under the Investment Services Act, 1994 (ISA). The Malta Financial Services Authority (MFSA) is entrusted with licensing and supervision, ensuring compliance with EU directives while fostering an environment conducive to innovation and growth.

As a general rule, both funds and investment service providers must be licensed to operate in or from Malta. Special rules under the ISA govern UCITS, Professional Investor Funds (PIFs), Retirement Funds, Private Funds, as well as fund managers and administrators. In addition, Malta has introduced streamlined regimes such as the Notified Alternative Investment Fund (NAIF) and the Notified Professional Investor Fund (NPIFF), which allow for quicker market entry through a notification process rather than full licensing, making them attractive options for promoters seeking efficiency without compromising regulatory standards.

At InariLaw, our financial services team combines deep knowledge of local and EU legislation with practical experience across all fund structures and investment services. Our practice includes:

• Licensing & Authorisation: Assistance with compilation and submission of licence applications, recognition applications, and related documentation.

• Document Drafting & Review: Preparation and/or review of prospectuses, offering memoranda, investment advisory agreements, fund management agreements, custody agreements, and administration agreements.

• Regulatory Liaison: Acting as a point of contact with the MFSA throughout the application and ongoing compliance process.

• Fund Re-domiciliation: Advising on the transfer of funds to Malta.

• Ongoing Compliance: Providing corporate and regulatory compliance support post-licensing.

Our goal is to deliver efficient, tailored solutions that enable fund promoters and investment service providers to operate effectively within Malta’s evolving regulatory landscape.