Regulatory and Legal Support for EMIs and Payment Institutions

Malta has emerged as a trusted EU jurisdiction for Electronic Money Institutions (EMIs) and Payment Institutions, supported by a comprehensive legal framework and the oversight of the Malta Financial Services Authority (MFSA). With passporting rights across the European Union and the European Economic Area (EEA), these institutions benefit from a Maltese licence that allows them to offer services across borders, provided they meet the ongoing compliance and governance requirements.

At GB Partners, we guide clients through the legal and regulatory landscape, from initial licence planning to post-authorisation legal support. Our role is to simplify what can be a demanding process, offering precise legal insight and helping clients engage effectively with the MFSA at every stage.

Understanding the Licensing Process

Authorisation as an EMI or Payment Institution in Malta involves a structured and detailed process under the Financial Institutions Act (Chapter 376 of the Laws of Malta) and accompanying MFSA rules and guidelines.

Applicants are expected to meet a range of requirements, including:

1. Clear organisational structure and governance arrangements
2. Adequate financial resources and initial capital
3. Detailed business plans and financial projections
4. Robust internal controls, compliance and risk management frameworks
5. Fit and proper assessments for shareholders, directors, and key function holders

The MFSA conducts a rigorous review of the application, often engaging in several rounds of feedback before granting authorisation. Communication with the MFSA is expected to be prompt, transparent, and responsive, and legal advisors play a key role in ensuring that submissions are complete, compliant, and properly framed.

How GB Partners Supports You

Our legal team assists with:

Pre-application planning, including assessment of licensing suitability and governance readiness
Preparation and legal review of application documents, such as programme of operations, internal policies, and legal opinions

Liaising with the MFSA, including responding to queries and assisting with regulatory clarifications
Post-licensing legal support, such as updates to governance structures, regulatory reporting requirements, and legal implications of business changes

At GB Partners, we work closely with our clients throughout the licensing journey and beyond. Whether you are applying for your first licence or expanding your regulated structure in Malta, our approach ensures that your institution meets its legal and regulatory obligations while maintaining a solid operational footing.